senate Bill S2812C

Signed by Governor

Enacts into law major components of legislation necessary to implement the state fiscal plan for the 2011-2012 state fiscal year

download pdf

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 01 / Feb / 2011
    • REFERRED TO FINANCE
  • 25 / Feb / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 25 / Feb / 2011
    • PRINT NUMBER 2812A
  • 12 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 12 / Mar / 2011
    • PRINT NUMBER 2812B
  • 29 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 29 / Mar / 2011
    • PRINT NUMBER 2812C
  • 29 / Mar / 2011
    • ORDERED TO THIRD READING CAL.278
  • 29 / Mar / 2011
    • MESSAGE OF NECESSITY
  • 29 / Mar / 2011
    • PASSED SENATE
  • 29 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 29 / Mar / 2011
    • REFERRED TO WAYS AND MEANS
  • 29 / Mar / 2011
    • SUBSTITUTED FOR A4012C
  • 29 / Mar / 2011
    • ORDERED TO THIRD READING RULES CAL.11
  • 29 / Mar / 2011
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 29 / Mar / 2011
    • PASSED ASSEMBLY
  • 29 / Mar / 2011
    • RETURNED TO SENATE
  • 30 / Mar / 2011
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2011
    • SIGNED CHAP.62

Summary

Enacts the financial services act as a new consolidated chapter; repeals certain provisions of the banking, executive and general business law; amends the correction law and the executive law to merge the department of correctional services and division of parole into the department of corrections and community supervision; eliminates the New York state foundation for science, technology and innovation and transfers the functions thereof to the NYS urban development corporation; amends the executive law relating to gubernatorial reorganization of governmental agencies and functions; amends the legislative law relating to formulation of a concurrent resolution.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4012C
Versions:
S2812
S2812A
S2812B
S2812C
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

Sponsor Memo

BILL NUMBER:S2812C

TITLE OF BILL:
An act
relating to constituting chapter 18-A of the consolidated laws in
relation to financial services; to amend the insurance law, the
banking law, the executive law, the education law, the energy law, the
state technology law, the real property law, the general business law,
the public authorities law, the public health law, the public service
law, the New York state defense emergency act,
the state finance law, the criminal procedure law, the tax law, and
chapter 784 of the laws of 1951, constituting the New York state
defense emergency act,
in relation to the creation of the department of financial services;
to amend chapter 322 of the laws of 2007, amending the banking law
relating to the power of banks, private bankers, trust companies,
savings banks, savings and loan associations, credit unions and
foreign banking corporations to exercise the rights of national banks,
federal savings associations, federal credit unions and federal branches
and agencies of foreign banks, in relation to the effectiveness of
certain provisions of such chapter;
to transfer certain authority with respect to consumer protection from
the executive law to the department of state; to amend
chapter 3 of the laws of 1997, amending the banking law and the
insurance law relating to authorizing the banking board to permit
banks and trust companies to exercise
the rights of national banks, in relation to the
effectiveness of the provisions of such chapter; and to
repeal certain provisions of the banking law, the insurance law, the
executive law, the
agriculture and markets law, the general business law,
the tax law, the criminal procedure law
and chapter 610 of the laws of 1995, amending the
insurance law relating to investments
relating to financial services and to making technical
corrections; and providing for the repeal of certain provisions
upon expiration thereof (Part A); Intentionally omitted (Part B);
to amend the correction law and the executive law, in relation to merging
the department of correctional services and division of parole into the
department of corrections and community supervision; repealing
certain provisions of the executive law
relating thereto; and providing for the repeal of certain provisions
upon expiration thereof (Subpart A); and
to amend the correction law, abandoned property law, alcoholic beverage
control law, civil practice law and rules, civil rights law, civil
service law, county law, court of claims act, criminal procedure law,
education law, election law, environmental conservation law, executive
law, facilities development corporation act, family court act, general
business law, general municipal law, labor law, legislative law,
mental hygiene law,
municipal home rule law, penal law, public buildings law, public health
law, public officers law, railroad law, retirement and social security
law, social services law, state administrative procedure act, state
finance law, state technology law, surrogate's court procedure act, tax
law, town law, vehicle and traffic law, and the workers' compensation
law, in relation to making conforming technical changes; and to repeal
certain provisions of the correction law relating thereto (Subpart B)


(Part C);
to amend the economic development law, in relation to transferring the
powers, functions and affairs of the New York state foundation for
science, technology and innovation to the division of science,
technology and innovation within the department of economic
development; and to repeal sections 3151 and 3152 of the public
authorities law relating thereto (Part D); and
to amend the executive law, in relation to gubernatorial reorganization
of governmental agencies and functions; and to amend the legislative
law, in relation to formulation of a concurrent resolution;
and providing for the repeal of such provisions upon expiration thereof
(Part E)

PURPOSE:
To allow for the merger of certain state entities.

SUMMARY:
Merger of the Department of Banking, Department of Insurance and
the Consumer Protection Board into the Department of
Financial Services
The Legislature has modified the Executive's Article VII Legislation
to effectuate this merger.
This new Department of Financial Services will be a streamlined and
efficient oversight agency for the financial services industry. The
Legislature rejected merging the Consumer Protection Board with the
Department of Banking and the Department of Insurance, and instead
folds it in to the Department of State. The Legislation provides for
separate divisions of Banking and Insurance, headed by separate
deputy superintendents, with separate assessments and programs for
appropriations, so as to maintain a regulatory firewall between
separate entities, while still allowing for administrative
efficiencies through back office and support consolidation.

Merger of the Department of Correctional Services and the Division
of Parole into the Department of Corrections and
Community Supervision
The Legislature modified the Executive's Article VII proposal to
allow the merger of the Department of Correctional Services and the
Division of Parole into the Department of Corrections and Community
Supervision (DCCS) and reduce the number of Board of Parole members
from nineteen to thirteen, by having the Board of Parole to maintain
its current
authority and include language to ensure that the function of the
Board would not be hampered in any way by the new entity, including,
but not limited to, restricting resources including staff assistance,
limiting access to vital information or presenting inmate information
in a manner to influence the Board to make its decisions pursuant to
a policy or goal of the new entity, rather than upon the statutory
guidelines relevant to that specific inmate. In addition this
requires an annual report from the new entity and/or the Board and/or
Division of Criminal Justice Services
(DCJS) with regard to the number of parolees that are charged with a
violation of parole as well as the outcome of that charge.

Merger of Division of Criminal Justice Services
with the Office of


Victim Services and Office for the Prevention of Domestic Violence
and State Commission on Corrections
The Legislature rejected the
proposal to merge these entities as they have very disparate missions.

Merger of the Foundation for Science, Technology, and
Innovation (NYSTAR)
The Legislature modifies the Executive's proposal to Merge
NYSTAR into Empire State Development Corporation by creating a
separate division within Department of Economic Development called
the Division of Science, Technology and Innovation which will ensure
the retention of the technical personnel associated with the NYSTAR
corporation.

AGENCY REORGANIZATION SAGE COMMISSION S.2813:

The Legislature modifies the Executive's proposal to enact legislation
that permits the Governor to examine the organization of all State
agencies and recommend structural changes through a reorganization
plan.

EFFECTIVE DATE:
This act shall take effect immediately and shall be
deemed repealed May 31, 2014. This act shall take effect immediately
provided, however, that the applicable effective date of Parts A
through E of this act shall be as specifically set forth in the last
section of such Parts.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2812--C                                            A. 4012--C

                      S E N A T E - A S S E M B L Y

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN ACT relating to constituting chapter 18-A of the consolidated laws in
  relation  to financial services; to amend the insurance law, the bank-
  ing law, the executive law, the education law,  the  energy  law,  the
  state technology law, the real property law, the general business law,
  the  public authorities law, the public health law, the public service
  law, the New York state defense emergency act, the state finance  law,
  the  criminal  procedure law, the tax law, and chapter 784 of the laws
  of 1951, constituting the New York state  defense  emergency  act,  in
  relation  to  the creation of the department of financial services; to
  amend chapter 322 of the laws of 2007, amending the banking law relat-
  ing to the power of banks, private bankers, trust  companies,  savings
  banks,  savings and loan associations, credit unions and foreign bank-
  ing corporations to exercise the rights  of  national  banks,  federal
  savings  associations,  federal credit unions and federal branches and
  agencies of foreign banks, in relation to the effectiveness of certain
  provisions of such chapter; to transfer certain authority with respect
  to consumer protection from the executive law  to  the  department  of
  state;  to  amend  chapter 3 of the laws of 1997, amending the banking
  law and the insurance law relating to authorizing the banking board to
  permit banks and trust companies to exercise the  rights  of  national

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12576-05-1

S. 2812--C                          2                         A. 4012--C

  banks,  in  relation  to  the  effectiveness of the provisions of such
  chapter; and to repeal certain provisions  of  the  banking  law,  the
  insurance law, the executive law, the agriculture and markets law, the
  general  business  law,  the  tax  law, the criminal procedure law and
  chapter 610 of the laws of 1995, amending the insurance  law  relating
  to  investments relating to financial services and to making technical
  corrections; and providing for the repeal of certain  provisions  upon
  expiration  thereof (Part A); Intentionally omitted (Part B); to amend
  the correction law and the executive law, in relation to  merging  the
  department  of  correctional  services and division of parole into the
  department of corrections and community supervision; repealing certain
  provisions of the executive law relating thereto;  and  providing  for
  the  repeal of certain provisions upon expiration thereof (Subpart A);
  and to amend the correction law,  abandoned  property  law,  alcoholic
  beverage  control law, civil practice law and rules, civil rights law,
  civil service law, county law, court of claims act, criminal procedure
  law, education law,  election  law,  environmental  conservation  law,
  executive  law,  facilities  development corporation act, family court
  act, general business law, general municipal law, labor law,  legisla-
  tive  law,  mental  hygiene  law,  municipal home rule law, penal law,
  public buildings law, public health law, public officers law, railroad
  law, retirement and social security law, social  services  law,  state
  administrative procedure act, state finance law, state technology law,
  surrogate's  court procedure act, tax law, town law, vehicle and traf-
  fic law, and the workers' compensation  law,  in  relation  to  making
  conforming  technical changes; and to repeal certain provisions of the
  correction law relating thereto (Subpart B) (Part  C);  to  amend  the
  economic  development  law,  in  relation  to transferring the powers,
  functions and affairs of the New York state  foundation  for  science,
  technology  and  innovation to the division of science, technology and
  innovation within the  department  of  economic  development;  and  to
  repeal  sections  3151 and 3152 of the public authorities law relating
  thereto (Part D); and to amend  the  executive  law,  in  relation  to
  gubernatorial  reorganization  of governmental agencies and functions;
  and to amend the legislative law, in  relation  to  formulation  of  a
  concurrent resolution; and providing for the repeal of such provisions
  upon expiration thereof (Part E)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through E. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

S. 2812--C                          3                         A. 4012--C

  Section 1. Chapter 18-A of the consolidated laws is added to  read  as
follows:
                  CHAPTER 18-A OF THE CONSOLIDATED LAWS
                         FINANCIAL SERVICES LAW
                                ARTICLE 1
                           GENERAL PROVISIONS
Section 101.   Short title.
        101-a. Legislative findings and determinations.
        102.   Department of financial services.
        103.   Explanation of order of provisions.
        104.   Definitions.
  S  101.  Short  title. This chapter shall be known and may be cited as
the "financial services law".
  S 101-a. Legislative findings and  determinations.    The  legislature
finds  and determines that the banking, insurance and financial services
industries constitute a critical sector of New York state's economy.
  The legislature also finds and determines that responsive,  effective,
innovative, state banking and insurance regulation is necessary to oper-
ate in a global, evolving and competitive market place.
  The  legislature  additionally  finds  and determines that this legis-
lation is necessary to modernize and transform the present state banking
department and state insurance department into a new integrated  depart-
ment of financial services.
  S  102.  Department  of  financial  services.  The  legislature hereby
declares that the purpose of this chapter is to consolidate the  depart-
ments  of  insurance and banking, and provide for the enforcement of the
insurance, banking and financial services laws, under the auspices of  a
single  state  agency  to  be  known  as  the  "department  of financial
services" and to accomplish goals including the following:
  (a) To encourage, promote and  assist  banking,  insurance  and  other
financial  services institutions to effectively and productively locate,
operate, employ, grow, remain, and expand in New York state;
  (b) To establish a modern system of regulation, rule making and  adju-
dication  that  is  responsive to the needs of the banking and insurance
industries and to the needs of the state's consumers and residents;
  (c) To provide for the effective  and  efficient  enforcement  of  the
banking and insurance laws;
  (d)  To  expand  the  attractiveness  and competitiveness of the state
charter for banking institutions and to promote the conversion of  banks
to such status;
  (e)  To  promote  and provide for the continued, effective state regu-
lation of the insurance industry;
  (f) To provide for the regulation of new financial services products;
  (g) To promote the  prudent  and  continued  availability  of  credit,
insurance and financial products and services at affordable costs to New
York citizens, businesses and consumers;
  (h) To promote, advance and spur economic development and job creation
in New York;
  (i)  To  ensure the continued safety and soundness of New York's bank-
ing, insurance and financial services industries, as well as the prudent
conduct of the providers of financial  products  and  services,  through
responsible regulation and supervision;
  (j)  To  protect  the public interest and the interests of depositors,
creditors, policyholders, underwriters, shareholders and stockholders;

S. 2812--C                          4                         A. 4012--C

  (k) To promote the reduction and elimination of fraud, criminal  abuse
and  unethical  conduct  by, and with respect to, banking, insurance and
other financial services institutions and their customers; and
  (l)  To educate and protect users of banking, insurance, and financial
services products and services  through  the  provision  of  timely  and
understandable information.
  S  103. Explanation of order of provisions. In this financial services
law, the provisions have been divided in descending  order  of  applica-
tion, with illustrations, as follows:
Article 1
  Section 101
    Subsection (a)
      Paragraph (1)
        Subparagraph (A)
          Item (i)
            Clause (I)
              Subitem (aa)
                Subclause (aaa)
  S 104. Definitions.  (a) In this chapter, unless the context otherwise
requires:
  (1) "Department" shall mean the department of financial services.
  (2) "Financial product or service" shall mean: (A) any financial prod-
uct  or financial service offered or provided by any person regulated or
required to be regulated by the superintendent pursuant to  the  banking
law  or the insurance law or any financial product or service offered or
sold to consumers except financial products or services:  (i)  regulated
under  the exclusive jurisdiction of a federal agency or authority, (ii)
regulated for the purpose of consumer  or  investor  protection  by  any
other state agency, state department or state public authority, or (iii)
where  rules  or  regulations  promulgated by the superintendent on such
financial product or service would be preempted by federal law; and
  (B) "Financial product or service" shall also not include the  follow-
ing,  when  offered  or  provided  by  a  provider  of consumer goods or
services:  (i) the extension of credit directly to a consumer exclusive-
ly for the purpose of enabling that consumer to purchase  such  consumer
good  or  service  directly from the seller, (ii) the collection of debt
arising from such credit, or (iii) the sale or conveyance of  such  debt
that is delinquent or otherwise in default.
  (2-a)  A  "financial  product  or service regulated for the purpose of
consumer or investor protection": (A) shall include (i) any  product  or
service for which registration or licensing is required or for which the
offeror  or  provider  is required to be registered or licensed by state
law, (ii) any product or service as to which provisions for consumer  or
investor  protection  are  specifically  set  forth  for such product or
service by state statute or regulation and (iii) securities, commodities
and real property subject to the provisions of article twenty-three-a of
the general business law, and (B) shall not include products or services
solely subject to other general laws or regulations for  the  protection
of consumers or investors.
  (3)  "Person"  shall  mean  any  individual, partnership, corporation,
association or any other entity.
  (4) "Regulated person" or "person regulated" shall mean any person (A)
operating under or required to operate under  a  license,  registration,
certificate or authorization under the insurance law or the banking law,
(B)  authorized,  accredited, chartered or incorporated or possessing or
required to possess other similar status under the insurance law or  the

S. 2812--C                          5                         A. 4012--C

banking  law,  or  (C)  regulated by the superintendent pursuant to this
chapter.
  (5)  "Superintendent"  shall  mean  the  superintendent  of  financial
services of this state.
  (b) Whenever the terms "include",  "including"  or  terms  of  similar
import  appear  in  this chapter, unless the context requires otherwise,
such terms shall not be construed to imply the exclusion of any  person,
class or thing not specifically included.
  (c)  A  reference  in this chapter to any other law or statute of this
state, or of any other  jurisdiction,  means  such  law  or  statute  as
amended  to  the  effective date of this chapter, and unless the context
otherwise requires, as amended thereafter.
                                ARTICLE 2
          ORGANIZATION OF THE DEPARTMENT OF FINANCIAL SERVICES
Section 201. Declaration of policy.
        202. Superintendent.
        203. Deputies; employees.
        204. Offices of the department.
        205. Bureaus.
        205-a. Report.
        205-b. State charter advisory board.
        206. Assessments to defray operating expenses of the department.
  S 201. Declaration of policy.  (a) It is the intent of the legislature
that the superintendent shall supervise the business of, and the persons
providing,  financial  products  and  services,  including  any  persons
subject to the provisions of the insurance law and the banking law.
  (b)  The  superintendent shall take such actions as the superintendent
believes necessary to:
  (1) foster the growth of the financial industry in New York  and  spur
state  economic  development  through  judicious regulation and vigilant
supervision;
  (2) ensure the  continued  solvency,  safety,  soundness  and  prudent
conduct of the providers of financial products and services;
  (3)  ensure  fair,  timely  and equitable fulfillment of the financial
obligations of such providers;
  (4) protect users of financial products and services from  financially
impaired or insolvent providers of such services;
  (5)  encourage  high standards of honesty, transparency, fair business
practices and public responsibility;
  (6) eliminate financial fraud,  other  criminal  abuse  and  unethical
conduct in the industry; and
  (7)  educate  and protect users of financial products and services and
ensure that users are provided with timely and  understandable  informa-
tion   to  make  responsible  decisions  about  financial  products  and
services.
  S 202. Superintendent. (a) The head of the  department  shall  be  the
superintendent  of  financial  services,  who  shall be appointed by the
governor, by and with the advice and consent  of  the  senate,  and  who
shall  hold  office at the pleasure of the governor.  The superintendent
shall possess the rights, powers, and duties in connection  with  finan-
cial  services  and  protection  in  this state, expressed or reasonably
implied by this chapter or any other applicable law of this state.
  (b) The superintendent may, in the superintendent's discretion, desig-
nate one of the  superintendent's  deputies  to  act  as  superintendent
during  the  superintendent's absence or inability to act. If the office
of superintendent is vacant,  or  if  the  superintendent's  absence  or

S. 2812--C                          6                         A. 4012--C

inability  to  act continues for a period of more than thirty successive
days, the governor may designate a deputy to act as superintendent until
the filling of the vacancy or the return or recovery of the  superinten-
dent.
  (c)  Whenever  in  this chapter, the banking law, the insurance law or
any other law the superintendent is authorized but not required to  take
any  action  or the superintendent's approval is required as a condition
precedent to the doing of any act, the taking of  such  action  and  the
giving  of  such  approval  shall  be  within the superintendent's sound
discretion. In taking any action with respect to any  banking  organiza-
tion, and in approving or disapproving any application made by a banking
organization,  the  superintendent  shall  give due consideration to the
policy of the state of New York as set forth in section ten of the bank-
ing law.
  S 203. Deputies; employees. (a) The  superintendent  shall  appoint  a
deputy for insurance who shall be the head of the insurance division and
a  deputy for banking who shall be the head of the banking division. The
superintendent may appoint such other  deputies  as  the  superintendent
deems  necessary  to fulfill the responsibilities of the department. The
superintendent may remove at will any deputy  appointed  by  the  super-
intendent, except as may be otherwise provided by the civil service law.
  (b)  The  superintendent  may appoint and remove from time to time, in
accordance with law and any applicable rules of the state civil  service
commission,  such employees, under such titles as the superintendent may
assign, as the superintendent  may  deem  necessary  for  the  efficient
administration  of the department. They shall perform such duties as the
superintendent shall assign to them.  The compensation of such employees
shall be determined by the superintendent in accordance with law.
  (c) Any action that the superintendent is required or authorized here-
inafter by this chapter, the banking law, the  insurance  law  or  other
laws to take may be taken by a deputy or authorized employee to whom the
duty  of taking such action has been delegated or assigned by the super-
intendent.
  S 204. Offices of the department. Suitable offices for conducting  the
business  of the department shall be located in the cities of Albany and
New York, and such other cities as the superintendent  deems  necessary.
Necessary  additional  office,  filing  and storage space that cannot be
supplied by the state commissioner of general services may be leased  by
the  superintendent,  and rent or expenses incurred pursuant to any such
lease shall, unless otherwise provided for, be paid on  the  certificate
of the superintendent and the audit and warrant of the comptroller.
  S  205. Bureaus. The superintendent shall establish an insurance divi-
sion and a banking division. The superintendent may establish such other
bureaus, divisions, and other units within  the  department  as  may  be
necessary for the administration and operation of the department and the
proper  exercise  of its powers and the performance of its duties, under
this chapter, and may, from time to time, consolidate  or  abolish  such
divisions, bureaus or other units within the department. Notwithstanding
any  inconsistent provision of law, the superintendent may determine the
official functions of each division, bureau, or other  unit  within  the
department. There shall be a head of each bureau, division or other unit
to  be  appointed by the superintendent, who shall serve at the pleasure
of the superintendent, except as may be otherwise provided by the  civil
service law. The heads of bureaus, divisions or units in the banking and
insurance  departments  who are in office when this chapter takes effect

S. 2812--C                          7                         A. 4012--C

shall continue in office at the pleasure of the  superintendent,  except
as may be otherwise provided by the civil service law.
  S  205-a. Report.   The governor shall by June thirtieth, two thousand
eleven, create a working group to examine ways to improve the efficiency
and  effectiveness  of  banking  regulation  and  insurance  regulation,
including  opportunities  to  integrate  certain  regulatory  activities
prescribed by the banking law and the insurance law. Such working  group
shall  consult,  in  making its examination, with representatives of the
banking, insurance and financial services industries. On or before Janu-
ary first, two thousand twelve, the superintendent shall issue a  report
on the results of this review to the governor, the speaker of the assem-
bly and the temporary president of the senate.
  S  205-b.  State  charter  advisory  board.  There shall be within the
department a state charter advisory board to work with  the  superinten-
dent  in  retaining  state  chartered  banking institutions, encouraging
federally chartered institutions to  convert  to  a  state  charter  and
promoting  the state banking system.  There shall be nine members of the
advisory board who shall be appointed by the superintendent. The member-
ship shall consist of:  (a) one representative of credit unions, (b) one
representative of consumers, (c) one representative  of  foreign  banks;
and  (d)  representatives  of  banks  which,  to the extent practicable,
reflect a range of size and geographical  location,  provided,  however,
that  at  least  one  shall  represent  institutions  of more than three
billion dollars in assets; at least two shall represent institutions  of
less  than  five  hundred million dollars in assets.  The superintendent
shall make rules to govern the method by which  state  chartered  insti-
tutions  may nominate persons to the board and the process for selecting
such members, provided that the representative  of  consumers  shall  be
selected  by  the superintendent.  The term of each member of such advi-
sory board shall be three years, or until a successor is  appointed  and
vacancies  shall be filled for the unexpired term only.  The board shall
meet at least three times annually pursuant to the call  of  the  super-
intendent.  Such meetings may be held by means of a conference telephone
or similar communications equipment allowing all  persons  participating
in  the  meeting to hear each other at the same time. The members of the
advisory board shall  receive  no  compensation  nor  reimbursement  for
expenses.  The advisory board may:
  (1)  consider  and  recommend  ways to maintain the state charter as a
viable and attractive option, including bringing to the superintendent's
attention issues of concern to state chartered banking institutions;
  (2) consider and recommend ways to encourage banking  institutions  to
offer  a  diversity  of  financial  products and services throughout the
state;
  (3) recommend to the superintendent the establishment of such laws  as
may be deemed necessary, and the amendment or repeal thereof;
  (4)  recommend  to  the  superintendent  the promulgation of rules and
regulations not inconsistent with the law, as may be  deemed  necessary,
and the amendment or repeal thereof; and
  (5)  report  within  thirty  days after receipt, on any proposed regu-
lations, amendments thereto, or repeal thereof, prior  to  final  action
thereon by the superintendent.
  The  advisory board shall have no executive, administrative or appoin-
tive powers or duties.
  S 206. Assessments to defray operating  expenses  of  the  department.
(a)  For  each fiscal year commencing on or after April first, two thou-
sand twelve, assessments to defray  operating  expenses,  including  all

S. 2812--C                          8                         A. 4012--C

direct  and  indirect costs, of the department, except expenses incurred
in the liquidation of banking organizations, shall be  assessed  by  the
superintendent  in  accordance  with  this subsection. Persons regulated
under  the insurance law shall be assessed by the superintendent for the
operating expenses of the department that  are  solely  attributable  to
regulating  persons  under  the  insurance  law, which shall include any
expenses that were permissible to be assessed in fiscal year  two  thou-
sand nine-two thousand ten, with the assessments allocated pro rata upon
all  domestic  insurers and all licensed United States branches of alien
insurers domiciled in this state within the meaning of paragraph four of
subsection (b) of section seven  thousand  four  hundred  eight  of  the
insurance  law,  in  proportion  to  the gross direct premiums and other
considerations, written or received by them in  this  state  during  the
calendar year ending December thirty-first immediately preceding the end
of  the fiscal year for which the assessment is made (less return premi-
ums and considerations thereon) for policies or contracts  of  insurance
covering  property  or risks resident or located in this state the issu-
ance of which policies or contracts requires a license from  the  super-
intendent.  Persons regulated under the banking law shall be assessed by
the superintendent for the operating expenses of the department that are
solely attributable to regulating persons under the banking law in  such
proportions  as the superintendent shall deem just and reasonable. Oper-
ating expenses of the department not  covered  by  the  assessments  set
forth  above shall be assessed by the superintendent in such proportions
as the superintendent shall deem just and reasonable upon  all  domestic
insurers and all licensed United States branches of alien insurers domi-
ciled  in  this state within the meaning of paragraph four of subsection
(b) of section seven thousand four hundred eight of the  insurance  law,
and upon any regulated person under the banking law, other than mortgage
loan  originators,  except as otherwise provided by sections one hundred
fifty-one and two hundred twenty-eight of the workers' compensation  law
and  by  section  sixty  of the volunteer firefighters' benefit law. The
provisions of this subsection shall not be applicable to a bank  holding
company,  as that term is defined in article three-A of the banking law.
Persons regulated under  the  banking  law  will  not  be  assessed  for
expenses  that  the superintendent deems to benefit solely persons regu-
lated under the insurance law, and persons regulated under the insurance
law will not be assessed for expenses that the superintendent  deems  to
benefit solely persons regulated under the banking law.
  (b) For each fiscal year commencing on or after April first, two thou-
sand  twelve,  a partial payment shall be made by each entity subject to
this section in a sum equal to twenty-five per centum, or such other per
centum or per centums as the superintendent may prescribe, of the annual
expenses assessed upon it for the fiscal year as estimated by the super-
intendent. Such payment shall be made on March tenth  of  the  preceding
fiscal  year  and  on  June tenth, September tenth and December tenth of
each year, or at such other dates as the superintendent  may  prescribe.
The balance of assessments for the fiscal year shall be paid upon deter-
mination  of  the actual amount due in accordance with the provisions of
this section.  Any  overpayment  of  annual  assessment  resulting  from
complying  with  the  requirements  of  this subsection shall be applied
against the next estimated quarterly assessment, if less than  or  equal
to such amount, with any excess refunded to the assessed. As an alterna-
tive, if the estimated annual assessment for the fiscal year is equal to
or  less  than  the annual minimum assessment set by the superintendent,
the superintendent may require full payment to  be  made  on  or  before

S. 2812--C                          9                         A. 4012--C

September  thirtieth or such other date of the fiscal year as the super-
intendent may determine.
  (c)  The  expenses  incurred in making examinations of, or for special
services performed on account of, any bank holding company, as that term
is defined in the banking law, or any regulated person under the banking
law, shall be assessed provided, however, that  the  superintendent,  in
the  superintendent's  sole  discretion,  may determine, with respect to
expenses incurred in the making of any specific examination or  investi-
gation, or the performing of any special services, that any such expense
shall  be  assessed  against and paid by the bank holding company or any
other regulated person  under  the  banking  law  for  which  they  were
incurred or performed.
  (d) The expenses incurred in making an examination of any affiliate of
a  banking  organization  pursuant  to the banking law, and the expenses
incurred in making an examination, pursuant to the  banking  law,  of  a
non-banking  subsidiary  of a corporation or any other entity that is an
affiliate of a banking organization, shall be assessed against and  paid
by  such banking organization if the affiliate cannot be assessed pursu-
ant to the provisions of the banking law.
  (e) The superintendent may, in the superintendent's  sole  discretion,
upon notice, suspend the license, registration, certificate or authority
(for purposes of this section, a license) granted to any person pursuant
to  this  chapter, the banking law or insurance law, upon the failure of
such person to make any payment required by this section  within  thirty
days  after  the  due date. If the superintendent has suspended any such
license, such license may be reinstated if the superintendent determines
that such person has made any such payments within ninety days after the
date of such notice of suspension.   Otherwise, unless  the  superinten-
dent, in the superintendent's sole discretion, has extended such suspen-
sion,  the  license  of  such person shall be deemed to be automatically
terminated by operation of law at the close of business on such  nineti-
eth day.
  (f)  (1) The expenses of every examination of the affairs of any regu-
lated person subject to the insurance law,  including  an  appraisal  of
such  regulated  person's real property or of any real property on which
such regulated person holds a mortgage, made pursuant to  the  authority
conferred  by  any  provision  of this chapter, the insurance law or the
banking law, shall be borne and paid by the regulated  person  so  exam-
ined,  but the superintendent, with the approval of the comptroller, may
in the superintendent's discretion  for  good  cause  shown  remit  such
charges.
  (2)  (A)  For  any  such examination by the superintendent or a deputy
superintendent personally, the charge made shall be only  for  necessary
traveling  expenses  and  other actual expenses. In all other cases, the
expenses of examination shall also include reimbursement for the compen-
sation paid for the services of persons employed by  the  superintendent
or  by  the  superintendent's  authority  to  make  such  examination or
appraisal.
  (B) Notwithstanding any provisions of this section to the contrary, in
case of an examination or appraisal of a domestic  insurer  made  within
this  state,  the  traveling and living expense of the person or persons
making the examination shall be  considered  a  cost  of  operation,  as
referred to in section three hundred thirty-two of the insurance law and
not an expense of examination.
  (3)  All  charges,  including  necessary  traveling  and  other actual
expenses, except as hereinabove provided, as audited by the  comptroller

S. 2812--C                         10                         A. 4012--C

and  paid  on the comptroller's warrant in the usual manner by the comp-
troller to the person or persons making the  examination  or  appraisal,
shall  be  presented to the insurer, or other person whose duty it is to
pay  the  same,  in  the form of a copy of the itemized bill therefor as
certified and approved by the superintendent or  by  any  deputy  super-
intendent  or authorized employee of the department. Upon receiving such
certified copy the insurer or other person whose duty it is to pay  such
charges  shall  pay the amount thereof to the superintendent, to be paid
by the superintendent into the state treasury.
                                 ARTICLE 3
                ADMINISTRATIVE AND PROCEDURAL PROVISIONS
Section 301.   Powers of the superintendent.
        302.   Regulations by superintendent.
        303.   Orders of superintendent; when writing required.
        304.   Notice; how given.
        304-a. Actions of the department subject to the  state  adminis-
                 trative procedure act.
        305.   Hearings; conduct; findings and report.
        306.   Attendance  of  witnesses;  production  of  documents and
                 records.
        307.   Intentionally omitted.
        308.   Judicial review of orders, regulations and  decisions  of
                 superintendent.
        309.   Injunction to restrain violation of this chapter.
        310.   Certificates  as  evidence;  affirmation of documents and
                 testimony.
  S 301. Powers of the superintendent.   (a)  The  superintendent  shall
have  such powers as are conferred upon the superintendent by this chap-
ter, the banking law, the insurance law or any other law of this state.
  (b) The superintendent shall have the power to conduct investigations,
research, studies and analyses of matters  affecting  the  interests  of
consumers  of  financial  products  and services, including tracking and
monitoring complaints.
  (c) The superintendent shall have the power to protect users of finan-
cial products and services, including:
  (1) taking such actions  as  the  superintendent  deems  necessary  to
educate and protect users of financial products and services;
  (2)  receiving  complaints  of  consumers  of  financial  products and
services, and where appropriate (A) providing assistance  to  consumers;
(B) mediating the resolution of such complaints with providers of finan-
cial  products  and  services;  or  (C) referring such complaints to the
appropriate federal, state or local agency authorized by law for  appro-
priate action on such complaints;
  (3) studying the operation of laws and advising and making recommenda-
tions to the governor on matters affecting consumers of and investors in
financial  products  and  services  and  promoting  and  encouraging the
protection of the  legitimate  interests  of  users  of  such  financial
products and services;
  (4)  cooperating  with,  assisting  and,  when  appropriate, referring
matters to the attorney general in the  carrying  out  of  the  attorney
general's  legal  enforcement  responsibilities  for  the  protection of
consumers of and investors in financial products and services;
  (5) initiating and encouraging consumer financial education  programs,
and  disseminating  materials to educate users of financial products and
services;

S. 2812--C                         11                         A. 4012--C

  (6) providing technical assistance to local governments  and  not-for-
profits  in the development of consumer protection measures with respect
to financial products and services; and
  (7)   continuing   and  expanding  the  detection,  investigation  and
prevention of insurance fraud.
  S 302. Regulations by superintendent.  (a)  The  superintendent  shall
have  the power to prescribe and from time to time withdraw or amend, in
writing, rules and regulations and issue orders and  guidance  involving
financial products and services, not inconsistent with the provisions of
this  chapter,  the  banking law, the insurance law and any other law in
which the superintendent is given authority:
  (1) effectuating any power  given  to  the  superintendent  under  the
provisions  of  this chapter, the insurance law, the banking law, or any
other law to prescribe forms or make regulations;
  (2) interpreting the provisions of this chapter,  the  insurance  law,
the banking law, or any other applicable law; and
  (3)  governing  the  procedures  to be followed in the practice of the
department.
  (b) The superintendent may promulgate a list of financial products and
services excluded from regulation by the superintendent,  provided  that
such exclusion shall not limit in any way the ability of the superinten-
dent  to  take  any  actions  with respect to fraud provided for in this
chapter, the insurance law, the banking law or any other applicable law.
  S 303. Orders of superintendent; when writing required.   Whenever  by
any provision of this chapter, the insurance law, the banking law or any
other  applicable  law  the  superintendent  is  authorized to grant any
approval, authorization or permission or to  make  any  other  order  or
determination  affecting  any  person  subject to the provisions of this
chapter, the insurance law, the banking law or any other law, such order
or determination shall not be  effective  unless  made  in  writing  and
signed by the superintendent or by the superintendent's authority.
  S 304. Notice; how given. (a) (1) Except when other notice is required
by  law, whenever the provisions of this chapter, the insurance law, the
banking law or any other applicable law require  the  superintendent  to
give  notice  to any person of any authorized action or proposed action,
it shall be sufficient to give such notice in writing either by deliver-
ing it to such person or by depositing the same  in  the  United  States
mail,  postage  prepaid,  registered  or certified, and addressed to the
last known place of business of such person or if  no  such  address  is
known  to  the  superintendent,  then  to  the residence address of such
person.
  (2) Such notice shall refer to the provisions  of  this  chapter,  the
insurance  law,  the banking law or any other applicable law pursuant to
which the authorized action was taken or is proposed to be taken and the
grounds therefor, but failure to make such reference  shall  not  render
the  notice ineffective if the person to whom it is addressed is thereby
or otherwise reasonably apprised of such grounds.
  (3) If the person being notified is  entitled  to  a  hearing  by  the
provisions  of  this  chapter, the banking law, the insurance law or any
other law, the notice of proposed action may specify that such  proposed
action  may be considered, or when authorized, taken on a date specified
in the notice unless such person  shall  notify  the  superintendent  in
writing  that  a  hearing  is  demanded; in such case the superintendent
shall give such person a further notice of the time and  place  of  such
hearing in the manner stated in this paragraph, and to the address spec-
ified by such person if provided.

S. 2812--C                         12                         A. 4012--C

  (b)  Whenever  the  provisions of this chapter, the insurance law, the
banking law, or any other law require the superintendent to give to  any
person  a hearing on any proposed action, it shall be sufficient compli-
ance with such requirement if the superintendent gives to such person:
  (1) notice of the time and the place at which an opportunity for hear-
ing will be afforded, and
  (2)  an opportunity for hearing, if the person appears at the time and
place specified in the notice or any adjourned date.
  (c) Any hearing of which such notice is given may  be  adjourned  from
time  to time without other notice than the announcement thereof at such
hearing.
  (d) Whenever any person is entitled to a hearing by the provisions  of
this  chapter,  the  insurance  law,  the  banking law, or any other law
before any proposed action is taken, the notice of such proposed  action
may,  if  the  superintendent  deems  it  expedient, be in the form of a
notice to show cause stating that such  proposed  action  may  be  taken
unless  such  person  shows  cause at a hearing to be held at a time and
place specified in such notice, why such proposed action should  not  be
taken.
  (e)  The  statement of any regular salaried employee of the department
of financial services, subscribed and affirmed by such employee as  true
under the penalties of perjury, stating facts which show that any notice
referred to in this section has been delivered or mailed as hereinbefore
provided,  shall  be presumptive evidence that such notice has been duly
delivered or mailed, as the case may be.
  S 304-a. Actions of the department subject to the state administrative
procedure act. Unless otherwise specifically exempted in  this  chapter,
all rule making and adjudicatory proceedings shall be made in accordance
and consistent with the provisions of the state administrative procedure
act.
  S  305.  Hearings;  conduct; findings and report. (a) Unless otherwise
provided in this chapter, the banking law,  the  insurance  law  or  any
other  law,  any hearing pursuant to any such law may be held before the
superintendent, any deputy superintendent, or  any  designated  salaried
employee  of  the  department  authorized by the superintendent for such
purpose.  Any adjudicatory proceeding, including any hearings to  assess
civil  penalties  under section four hundred eight of this chapter, held
pursuant to the provisions of this chapter, the  insurance  law  or  the
banking  law  shall be noticed, conducted and administered in compliance
with the state administrative procedure act.
  (b) The person conducting such hearing shall have power to  administer
oaths,  examine  and  cross-examine  witnesses  and  receive documentary
evidence, and shall report his or her findings, orally or in writing, to
the superintendent with or without  recommendation.    Such  report,  if
adopted by the superintendent may be the basis of any determination made
by  the superintendent. One hundred twenty days after the effective date
of a determination of liability for a civil penalty pursuant to  section
four  hundred  eight of this chapter or four hundred three, one thousand
one hundred two, two thousand one hundred two, two thousand one  hundred
seventeen, two thousand one hundred thirty-three or seven thousand eight
hundred  sixteen  of  the insurance law, such determination of liability
for a civil penalty may be entered as a judgment and  enforced,  without
court  proceedings,  in  the  same  manner as the enforcement of a money
judgment in civil actions in any court of competent jurisdiction or  any
other place provided for the entry of civil judgment within this state.

S. 2812--C                         13                         A. 4012--C

  (c)  Every  such  hearing,  except for hearings under the banking law,
shall be open to the public unless  the  superintendent  or  the  person
authorized  by  the superintendent to conduct such hearing, shall deter-
mine that a private hearing would be in the public  interest,  in  which
case the hearing shall be private.  Hearings under the banking law shall
be as provided for in the banking law.
  (d)  Every  person  affected shall be allowed to be present during the
giving of all the testimony, and shall be allowed a reasonable  opportu-
nity to inspect all adverse documentary proof, to examine and cross-exa-
mine  witnesses,  and to present proof in support of the person's inter-
est.
  (e) Nothing herein contained shall require the observance at any  such
hearing of formal rules of pleading or evidence.
  S  306.  Attendance of witnesses; production of documents and records.
(a) The superintendent or the person authorized by the superintendent to
conduct  a  hearing  or  investigation  shall  have  power  to  subpoena
witnesses, compel the attendance of witnesses, administer oaths, examine
any  person  under oath, and to compel any person to subscribe to his or
her testimony after it has been correctly reduced  to  writing,  and  in
connection  therewith  to  require  the production of any books, papers,
records, correspondence or  other  documents  which  the  superintendent
deems  relevant  to  the  inquiry.  A subpoena issued under this section
shall be regulated by the civil practice law and rules.
  (b) No person subject to the provisions of this chapter, the insurance
law or the banking law whose conduct, condition or practices  are  being
investigated,  and  no officer, director or employee of any such person,
shall be entitled to witness or mileage fees.
  (c) In addition to the liabilities and punishment  prescribed  by  the
civil  practice  law and rules, any person who, without just cause fails
or refuses to attend and testify or to answer any lawful inquiry  or  to
produce  any  books, papers or records in obedience to a subpoena issued
by the superintendent shall be guilty of a misdemeanor.
  (d) Every regulated person under this chapter, the  insurance  law  or
the  banking law who is given a notice of hearing pursuant to this chap-
ter shall upon the service of a notice to  produce  books  and  records,
when attached to the notice of hearing or mailed subsequently thereto in
the  same  manner  as  the  notice  of hearing, pursuant to such notice,
produce at the hearing the books, records and documents enumerated ther-
ein.
  S 307. Intentionally omitted.
  S 308. Judicial review of orders, regulations and decisions of  super-
intendent. (a) Notwithstanding the specific enumerations of the right to
judicial  review  in this chapter, the insurance law or the banking law,
any order, regulation or decision of the superintendent is  declared  to
be  subject  to  judicial  review in a proceeding under article seventy-
eight of the civil practice law and rules, provided that nothing in this
section or article seventy-eight of the civil  practice  law  and  rules
shall  affect  the time period provided in the banking law or the insur-
ance law for commencing such proceeding.
  (b) Except as provided in section two thousand one hundred twenty-four
of the insurance law, the commencement  of  such  proceeding  shall  not
affect  the enforcement or validity of the superintendent's order, regu-
lation or decision under review unless the court shall determine,  after
a  preliminary  hearing of which the superintendent is notified at least
forty-eight hours in advance, that a stay  of  enforcement  pending  the
proceeding  or  until  further  direction  of  the court will not unduly

S. 2812--C                         14                         A. 4012--C

injure the interests of the people of the state, in which case a stay of
execution may be granted.
  S  309. Injunction to restrain violation of this chapter. (a) In addi-
tion to such other remedies as are  provided  under  this  chapter,  the
superintendent  may  maintain and prosecute an action against any person
subject to this chapter, the insurance law or the banking  law,  or  the
person's  officers,  directors,  trustees  or agents, for the purpose of
obtaining an injunction restraining such person or  persons  from  doing
any  acts  in violation of the provisions of this chapter, the insurance
law or the banking law.
  (b) In such action if the court finds that a defendant is  threatening
or  is  likely to do any act in violation of this chapter, the insurance
law or the banking law and that such violation  will  cause  irreparable
injury to the interests of the people of this state, the court may grant
an  injunction  restraining  such violation. The court may on motion and
affidavits grant a preliminary injunction and interlocutory  injunction,
upon  such  terms  as  may  be just; but the superintendent shall not be
required to give security before the issuance of any such injunction.
  S 310. Certificates as evidence; affirmation of documents and testimo-
ny.  (a)  Every  certificate,  assignment,  conveyance  or  other  paper
executed  by  the superintendent or one of the superintendent's deputies
pursuant to law and sealed with the  official  seal  of  the  department
shall  be  received  as evidence in any judicial or other proceeding and
may be recorded in the proper recording offices.
  (b) Any charter, or any certificate or other  instrument  supplemental
to  or  amendatory  of the charter, of any regulated person filed in the
office of the superintendent and containing statements of fact  required
or  permitted  by  law to be contained therein, shall be received in all
courts, public offices and official bodies as prima  facie  evidence  of
such facts and of the execution of such instrument.
  (c)  Whenever  by  the laws of any jurisdiction other than this state,
any certificate by any officer in such jurisdiction or  a  copy  of  any
instruments  certified  or  exemplified  by  any  such  officer,  may be
received as prima facie evidence  of  the  incorporation,  existence  or
capacity of any corporation incorporated in such jurisdiction, or claim-
ing  so  to  be, such certificate when exemplified, or such copy of such
instrument when exemplified shall be  received  in  all  courts,  public
offices  and official bodies of this state, as prima facie evidence with
the same force as in such jurisdiction. Such  certificate  or  certified
copy of such instrument shall be so received, without being exemplified,
if it is certified by the secretary of state, or official performing the
equivalent function as to corporate records of such jurisdiction.
  (d)  Notwithstanding  any provision of this chapter, the insurance law
or the banking law requiring an oath as to the proof of  a  document  or
the  truth  of  testimony,  the  affiant may, if the affiant's religious
beliefs cause the affiant to object to giving an oath, affirm the  docu-
ment or the affiant's testimony.
                                 ARTICLE 4
                       FINANCIAL FRAUDS PREVENTION
Section 401. Intentionally omitted.
        402. Legislative declaration.
        403. Financial frauds and consumer protection unit.
        404. Powers  of  the  financial  frauds  and consumer protection
               unit.
        405. Immunity.

S. 2812--C                         15                         A. 4012--C

        406. Other law enforcement  authority,  powers  and  duties  not
               affected or impaired.
        407. Intentionally omitted.
        408. Civil penalty.
        409. Reports.
  S 401. Intentionally omitted.
  S  402.  Legislative  declaration.  The  legislature  hereby finds and
declares that financial frauds take many forms  across  multiple  indus-
tries. The legislature further finds that financial fraud is detrimental
to  the social and economic well-being of the citizens of this state. In
order to more thoroughly uncover, investigate and eliminate  the  myriad
financial  frauds that may be perpetrated in, and may involve the people
of, New York state, the legislature finds that it  is  appropriate  that
the  responsibilities  of  the  insurance frauds bureau and the criminal
investigations bureau that were administered by the department of insur-
ance and the department of banking, respectively, prior to the enactment
of this article, be consolidated into a new financial frauds and consum-
er protection unit under the supervision of the superintendent.
  S 403. Financial frauds and consumer protection unit. (a)  The  super-
intendent  shall  establish  a  financial frauds and consumer protection
unit in the department of financial services.
  (b) The financial frauds and consumer protection unit shall be a qual-
ified agency, as defined in section eight  hundred  thirty-five  of  the
executive  law,  to  enforce  the provisions of this article and article
four of the insurance law and article II-B of the banking law.
  (c) The superintendent shall have the power to designate employees  of
the  unit  as  peace officers as defined in section 2.10 of the criminal
procedure law. Any such  designations  made  by  the  superintendent  of
insurance  or the superintendent of banks, as they relate to peace offi-
cers within the insurance frauds bureau and the criminal  investigations
bureau,  made  prior  to  the  effective  date of this chapter, shall be
deemed continued and will remain effective subject to the discretion  of
the superintendent.
  (d) The superintendent is authorized to establish within the financial
frauds and consumer protection unit one or more units designated for the
purpose  of investigating and preventing fraud and other criminal activ-
ity in certain specified areas of the  banking,  finance  and  insurance
industries, as authorized by this chapter.
  S  404.  Powers  of the financial frauds and consumer protection unit.
(a) The superintendent has authority under  this  article,  the  banking
law,  the  insurance law and other applicable laws to investigate activ-
ities that may constitute violations subject  to  section  four  hundred
eight  of this article or violations of the insurance law or banking law
and to develop evidence thereon.
  (b) If the financial frauds and consumer protection unit has a reason-
able suspicion that a person or entity has engaged, or is  engaging,  in
fraud  or misconduct with respect to the banking law, the insurance law,
the provisions of this chapter or  other  laws  pursuant  to  which  the
superintendent  has investigatory or enforcement powers, then the super-
intendent, in the enforcement of relevant statutes and regulations,  may
undertake an investigation thereon, provided, however, that the scope of
authority  set  forth  in  this section shall not be deemed to otherwise
limit or impair the ability of the superintendent to  assist  any  other
entity  in  an  investigation involving a violation of law, and provided
further that the responsibility and power to  investigate  any  specific
frauds  or  misconduct  enumerated in this chapter, the banking law, the

S. 2812--C                         16                         A. 4012--C

insurance law and other laws pursuant to which  the  superintendent  has
investigatory  or  enforcement powers shall be included under the juris-
diction of the financial frauds and consumer protection unit.
  (c)  Nothing  in this chapter shall be construed to grant or authorize
the financial frauds and consumer protection unit the specific powers or
responsibilities of the consumer protection division of  the  department
of state.
  S  405.  Immunity.  In  the  absence  of fraud or bad faith, no person
subject to the provisions of this chapter, the banking law or the insur-
ance law shall be subject to civil liability,  and  no  civil  cause  of
action  of  any  nature  shall  arise against such person for any:   (a)
information relating to suspected violations of the banking law  or  the
insurance  law  furnished to law enforcement officials, their agents and
employees; (b) information relating to suspected violations of the bank-
ing law or the insurance law furnished to other persons subject  to  the
provisions  of this chapter; and (c) information furnished in reports to
the financial frauds and consumer protection unit, its agents or employ-
ees or any state agency investigating fraud or  misconduct  relating  to
financial  fraud,  its  agents  or  employees. The superintendent or any
employee of the financial frauds and consumer protection  unit,  in  the
absence  of  fraud or bad faith, shall not be subject to civil liability
and no civil cause of action of  any  nature  shall  arise  against  the
superintendent  or any such employee by virtue of the publication of any
report or bulletin related to the official activities of  the  financial
frauds and consumer protection unit. Nothing herein is intended to abro-
gate  or  modify in any way any common law privilege or immunity hereto-
fore enjoyed by any person.
  S 406. Other law enforcement authority, powers and duties not affected
or impaired. This article shall not:
  (a) Preempt the authority or relieve the duty of other law enforcement
agencies to investigate and prosecute suspected violations of law;
  (b) Prevent or prohibit  a  person  from  voluntarily  disclosing  any
information  concerning  violations  of this article, the banking law or
the insurance law to any law enforcement agency; or
  (c) Limit any of the powers granted elsewhere in the  banking  law  or
insurance  law  or other laws to the superintendent or the department to
investigate possible violations of law and take appropriate action.
  S 407. Intentionally omitted.
  S 408. Civil penalty. (a) In addition to any civil or criminal liabil-
ity provided by law, the superintendent may, after notice  and  hearing,
levy a civil penalty:
  (1) not to exceed five thousand dollars per offense, for:
  (A)  any intentional fraud or intentional misrepresentation of a mate-
rial fact with respect to a financial product or  service  or  involving
any  person  offering  to  provide  or  providing  financial products or
services; or
  (B) any violation of state or federal fair debt  collection  practices
or federal or state fair lending laws; and
  (2) not to exceed one thousand dollars for any other violation of this
chapter  or the regulations issued thereunder, provided that there shall
be no civil penalty under this section for violations of article five of
this chapter or the regulations issued thereunder; and
  (3) provided, however, that:
  (A) penalties for regulated persons under the banking law shall be  as
provided  for  in  the  banking  law and penalties for regulated persons

S. 2812--C                         17                         A. 4012--C

under the insurance law shall be as provided for in the  insurance  law;
and
  (B)  the  superintendent shall not impose or collect any penalty under
this section in addition to any penalty or fine  for  the  same  act  or
omission that is imposed under the insurance law or banking law; and
  (C) nothing in this section shall affect the construction or interpre-
tation  of  the term "fraud" as it is used in any other provision of the
consolidated or unconsolidated law.
  (b) Civil penalties received by the superintendent  pursuant  to  this
section  shall  be applied on an annual basis as follows: funds shall be
applied first to reduce the assessments  charged  on  persons  regulated
under  the  insurance  law  and  the banking law pursuant to section two
hundred six of this chapter up to the full amount paid by persons  regu-
lated under the insurance law and banking law for the operating expenses
of the financial frauds and consumer protection unit not attributable to
regulation  under  the  insurance  or banking law for the fiscal year in
which such penalties are received, such amount shall be applied  to  any
assessment  in the following year, and any remaining funds shall be paid
to the general fund. The superintendent shall have discretion to  deter-
mine  how  operating expenses which are not solely attributable to regu-
lating persons under either the insurance law or the banking  law  shall
be allocated.
  S  409.  Reports.  (a) Whenever the superintendent is satisfied that a
violation subject to section four hundred eight of this article or fraud
or other criminal activity under the insurance law or  banking  law  has
been  committed  or  attempted, the superintendent shall report any such
violation of law, as the superintendent deems appropriate, to the appro-
priate licensing agency, the district attorney of the  county  in  which
such  acts  were committed, to the attorney general, and where appropri-
ate, to the person who submitted the report of fraudulent  activity,  as
provided  by  the provisions of this article.  Within one hundred twenty
days of receipt of the superintendent's report, the attorney general  or
the  district  attorney  concerned shall inform the superintendent as to
the status of the reported violations.
  (b) No later than March fifteenth of each year, beginning in two thou-
sand twelve, the superintendent  shall  furnish  to  the  governor,  the
speaker  of  the  assembly  and  the temporary president of the senate a
report describing the activities of the financial  frauds  and  consumer
protection  unit. Such report shall describe (1) the unit's efforts with
respect to (A) frauds against entities regulated under the  banking  and
insurance  laws; and (B) frauds against consumers; (2) the unit's activ-
ities to address consumer complaints; and (3) any recommendations of the
superintendent with respect to changes of  law  that  are  desirable  to
address  gaps  in  protection. The report may address such other matters
relating  to  the  activities  of  the  financial  frauds  and  consumer
protection  unit  as  the  superintendent believes will be useful to the
governor or the legislature.
  (c) No later than March fifteenth of each year beginning in  the  year
two  thousand  twelve,  the superintendent shall submit to the governor,
the state comptroller, the attorney general, the temporary president  of
the  senate, the speaker of the assembly, the chairpersons of the senate
finance and health committees, and  the  assembly  ways  and  means  and
health  committees,  a report summarizing the department's activities to
investigate and combat  health  insurance  fraud  including  information
regarding  referrals  received, investigations initiated, investigations

S. 2812--C                         18                         A. 4012--C

completed, and any other material necessary or desirable to evaluate the
department's efforts.
                                ARTICLE 5
        RESTRICTIONS ON OFFICERS AND EMPLOYEES OF THE DEPARTMENT
Section 501. Restrictions  on  officers and employees of the department;
               penalty.
  S 501. Restrictions on  officers  and  employees  of  the  department;
penalty.  (a)  No  officer  or employee of the department shall obtain a
loan or extension of credit from any regulated person or  be  interested
in  any  such  regulated  person as a director, partner, owner, officer,
attorney, agent, trustee or employee, or own or deal in, either directly
or indirectly, the stocks or obligations of any such  regulated  person.
A violation of the provisions of this section by any officer or employee
shall constitute sufficient grounds for his or her removal by the super-
intendent.
  (b) Nothing in this section shall be construed to prohibit any officer
or employee from obtaining financing from a regulated person upon his or
her  primary or secondary residence, provided that the premises securing
such loan are occupied by such employee, and further provided that  such
loan  is  reported to the department, which shall keep a record thereof.
The term "residence," for the purposes of this  section,  shall  mean  a
single  family or two family residence, condominium apartment or cooper-
ative apartment, occupied in whole or in part, by the officer or employ-
ee. The term "cooperative apartment" means a residence  where  ownership
is  evidenced by certificates of stock or other evidence of an ownership
interest in, and a proprietary lease from, a corporation or  partnership
formed for the purpose of the cooperative ownership of real estate.
  (c) Nothing in this section shall be construed to prohibit any officer
or  employee from:  (1) obtaining a loan secured by an assignment of his
or her deposit in a banking organization, or an assignment or pledge  of
his or her shares in a savings and loan association or credit union; (2)
accepting  financing  of an automobile, truck or other personal property
from a banking organization or a sales  finance  company;  (3)  entering
into  a  premium finance agreement with a premium finance agency; or (4)
owning shares of an investment company  (mutual  fund)  that  may  inci-
dentally invest in the securities of any regulated person, provided that
the  purpose  of the investment portfolio of such investment company may
not be to invest primarily or exclusively in the securities  of  banking
or  insurance  entities. For purposes of this section, investment compa-
nies include open-end  and  closed-end  investment  companies  and  unit
investment trusts as those terms are defined in an Act of Congress enti-
tled "The Investment Company Act of 1940," as amended.
  (d)  Nothing in this section shall be construed to prevent any officer
or employee from becoming a policyholder of any insurer or  from  taking
out  a  loan  under  the  officer's  or  employee's insurance policy, or
prevent or impair the ability of the superintendent to act as a liquida-
tor, rehabilitator, or conservator pursuant to article  seventy-four  of
the insurance law or article thirteen of the banking law.
  (e)  The  superintendent  may  promulgate  policies and procedures for
exempting particular employees, or classes of employees, from investment
restrictions in subsection (a) of this section as to  regulated  persons
with  which  such  employee  or  class  of employees has no authority or
involvement.
  (f) This section shall not apply to investments held in a blind  trust
approved by the superintendent or the superintendent's designee.

S. 2812--C                         19                         A. 4012--C

  S  2.  Article  2-B of the banking law, as added by chapter 321 of the
laws of 1992, section 78 as amended by chapter 472 of the laws of  2008,
is amended to read as follows:
                              ARTICLE II-B
                    FINANCIAL FRAUDS [PREVENTION ACT]

Section [76. Short title.
        77.  Criminal investigations bureau.]
        78.  Powers  [of  the bureau] WITH RESPECT TO CERTAIN CRIMES AND
               FRAUDS.
        [79. Immunity.
        80.  Other law enforcement  authority,  powers  and  duties  not
               affected or impaired.
  S 76. Short title. This article shall be known and may be cited as the
"financial frauds prevention act".
  S 77.  Criminal investigations bureau. The superintendent shall estab-
lish a criminal investigations bureau in the department.]
  S 78. Powers [of the  bureau]  WITH  RESPECT  TO  CERTAIN  CRIMES  AND
FRAUDS.    If  the [criminal investigations bureau] SUPERINTENDENT has a
reasonable suspicion that a person or entity [subject to  the  jurisdic-
tion  of the department has, in connection with activities authorized by
this chapter, engaged in, or is engaging  in  an  activity  which  is  a
misdemeanor or felony under this chapter or under] IS ENGAGING IN OR HAS
ENGAGED  IN  FRAUD (AS INTERPRETED UNDER THIS CHAPTER, THE INSURANCE LAW
OR THE FINANCIAL SERVICES LAW) OR A MISDEMEANOR  OR  FELONY  UNDER  THIS
CHAPTER  OR  ONE  OF  THE  ARTICLES  OF THE PENAL LAW ENUMERATED IN THIS
SECTION IN CONNECTION WITH ACTIVITIES REGULATED  BY  THE  SUPERINTENDENT
PURSUANT  TO  THIS  CHAPTER OR INVOLVING A PRODUCT REGULATED PURSUANT TO
THIS CHAPTER, THE SUPERINTENDENT MAY UNDERTAKE SUCH INVESTIGATION AS  IS
DEEMED  NECESSARY,  AND  IN  THE  ENFORCEMENT OF THIS CHAPTER, DETERMINE
WHETHER ANY SUCH PERSON OR ENTITY HAS VIOLATED OR IS  ABOUT  TO  VIOLATE
THIS CHAPTER OR ANY SUCH ENUMERATED ARTICLES. THE APPLICABLE ARTICLES OF
THE  PENAL  LAW ARE article one hundred fifty-five, one hundred seventy,
one hundred seventy-five, one hundred seventy-six, one  hundred  eighty,
one  hundred  eighty-five, one hundred eighty-seven, one hundred ninety,
two hundred, two hundred ten or four hundred seventy [of the penal  law,
the  superintendent may undertake such investigation as is deemed neces-
sary, and in the enforcement of this chapter, determine whether any such
person or entity has violated or is about to violate any  of  the  above
referenced  laws or articles. Provided, however, that].  NOTWITHSTANDING
THE ABOVE-REFERENCED LAWS OR ARTICLES, the scope of authority set  forth
in  this  section  shall  not be deemed to otherwise limit or impair the
ability of the department to assist any other entity in an investigation
involving a violation of law.
  [S 79. Immunity. In the absence of fraud or bad faith,  no  person  or
entity  subject  to  the  provisions of this chapter shall be subject to
civil liability, and no civil cause of action of any nature shall  arise
against such person or entity, for providing information to law enforce-
ment  officials,  including  persons  assigned  to the criminal investi-
gations bureau, relating to suspected criminal violations of this  chap-
ter  or the affecting entities or persons subject to the jurisdiction of
the department.
  S 80. Other law enforcement authority, powers and duties not  affected
or impaired. This article shall not:
  1.  Preempt the authority or relieve the duty of other law enforcement
agencies to investigate and prosecute suspected violations of law.

S. 2812--C                         20                         A. 4012--C

  2. Prevent or prohibit a person from voluntarily disclosing any infor-
mation concerning violations of this  article  to  any  law  enforcement
agency.
  3. Limit any of the powers granted elsewhere in this chapter and other
laws  to  the  superintendent  or the department to investigate possible
violations of law and take appropriate action.]
  S 3. Section 401 of the insurance law is amended to read as follows:
  S 401. Title; legislative declaration and purpose. This article  shall
be known and may be cited as the "insurance frauds prevention act".
  (a)  The legislature finds and declares that the business of insurance
directly and indirectly affects all sectors of the public, business  and
government.  It  further finds that the business of insurance, including
organization and licensing, the issuance of policies, and the adjustment
and payment of claims and losses, involve many transactions  which  have
potential for abuse and illegal activities.
  (b)  [The superintendent and the department have broad authority under
this chapter to investigate activities which may be  fraudulent  and  to
develop  evidence  thereon.  This article is intended to permit the full
utilization of the expertise of the superintendent and the department so
that they  may  more  effectively  investigate  and  discover  insurance
frauds,  halt  fraudulent  activities  and assist and receive assistance
from federal and state law enforcement agencies in  the  prosecution  of
persons who are parties to insurance frauds.
  (c)]  Arson  for  insurance  fraud  is  a  particularly damaging crime
against society, destroying lives, property and neighborhoods.    Insur-
ance  losses  resulting  from  arson  are  reflected  in higher premiums
charged to residents of this state.
  [(d)] (C) This article establishes a framework within which the super-
intendent and the department can more effectively assist in  the  elimi-
nation  of  arson for insurance fraud. That increased capacity, together
with a more effective monitoring of fire loss claims and payments by the
insurance industry  through  centralized  reporting  and  oversight,  is
intended  to make it more difficult to perpetrate the crime of insurance
fraud by arson.
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Subsection (a) of section 404 of the insurance law, as amended by
chapter 499 of the laws of 2009, is amended to read as follows:
  (a) If the [insurance frauds  bureau]  SUPERINTENDENT  has  reason  to
believe  that a person has engaged in, or is engaging in, an act defined
in section 155.05 of the penal law, with respect to personal or  commer-
cial  insurance  transactions, the business of life settlements, section
176.05 or section 176.40 of such law, the superintendent may  make  such
investigation  within  or without this state as the superintendent deems
necessary to aid in the enforcement of  this  chapter  or  to  determine
whether  any  person  has  violated  or  is  about  to  violate any such
provision of the penal law.
  S 7. Section 405 of the insurance law, as amended by  chapter  499  of
the  laws  of 2009, paragraph 11 of subsection (d) as amended by chapter
11 of the laws of 2010, is amended to read as follows:
  S 405. Reports. (a) Any person licensed or registered pursuant to  the
provisions  of  this  chapter, and any person engaged in the business of
insurance or life settlement in this state who is exempted from  compli-
ance  with  the  licensing  requirements  of this chapter, including the
state insurance fund of this state, who has reason to  believe  that  an
insurance  transaction  or life settlement act may be fraudulent, or has

S. 2812--C                         21                         A. 4012--C

knowledge that a fraudulent insurance  transaction  or  fraudulent  life
settlement  act is about to take place, or has taken place shall, within
thirty days after determination by  such  person  that  the  transaction
appears  to  be fraudulent, send to the [insurance frauds bureau] SUPER-
INTENDENT on a form prescribed by the  superintendent,  the  information
requested  by  the  form and such additional information relative to the
factual circumstances of the transaction and the parties involved as the
superintendent may require. The [insurance frauds bureau] SUPERINTENDENT
shall accept reports of suspected fraudulent insurance  transactions  or
fraudulent life settlement acts from any self insurer, including but not
limited  to  self  insurers providing health insurance coverage or those
defined in section fifty of the workers'  compensation  law,  and  shall
treat such reports as any other received pursuant to this section.
  (b)  The  [insurance  frauds  bureau] SUPERINTENDENT shall review each
report and undertake such further investigation as [it] THE  SUPERINTEN-
DENT deems necessary and proper to determine the validity of the allega-
tions.
  [(c)  Whenever  the superintendent is satisfied that a material fraud,
deceit, or intentional misrepresentation has been committed in an insur-
ance transaction or in the business of  life  settlements  or  purported
insurance  transaction  or business of life settlements, he or she shall
report any such violation of law to the  appropriate  licensing  agency,
the  district  attorney of the county in which such acts were committed,
when authorized by law, to the attorney general, and where  appropriate,
to  the  person  who  submitted  the  report  of fraudulent activity, as
provided by the provisions of this article. Within  one  hundred  twenty
days  of receipt of the superintendent's report, the attorney general or
the district attorney concerned shall inform the  superintendent  as  to
the status of the reported violations.
  (d)  No later than March fifteenth of each year, beginning in nineteen
hundred ninety-four, the superintendent shall furnish to  the  governor,
the  speaker  of  the assembly and the president pro tem of the senate a
report containing:
  (1) a comprehensive summary and  assessment  of  the  frauds  bureau's
efforts  in discovering, investigating and halting fraudulent activities
and assisting in the prosecution of persons who are parties to insurance
fraud or life settlement fraud;
  (2) the number of reports received from any person or persons  engaged
in the business of insurance or life settlements, the number of investi-
gations  undertaken  by the bureau pursuant to any reports received, the
number of investigations undertaken not as a result of reports received,
the number of investigations that resulted in a referral to a  licensing
agency,  a  local prosecutor or the attorney general, the number of such
referrals pursued by a licensing  agency,  a  local  prosecutor  or  the
attorney general, and the disposition of such cases;
  (3)  a delineation of the number of reported and investigated cases by
line of insurance and those that relate to life settlements;
  (4) a comparison of the frauds bureau's  experience,  with  regard  to
paragraphs  two and three of this subsection, to the bureau's experience
of years past;
  (5) the total number of employees assigned to the frauds bureau delin-
eated by title and location of bureau assigned;
  (6) an assessment of the activities of insurance  companies  and  life
settlement  providers  activities  in regard to detecting, investigating
and reporting fraudulent activities, including a list of companies which
maintain special investigative units for the sole purpose of  detecting,

S. 2812--C                         22                         A. 4012--C

investigating  and  reporting  fraudulent  activities  and the number of
investigators assigned to such units per every thirty thousand  policies
or life settlement contracts in force with such company or provider;
  (7)  the  amount  of  technical  and monetary assistance requested and
received by the frauds bureau from any insurance company  or  companies,
any life settlement provider or providers, or any organization funded by
insurance companies or life settlement providers;
  (8)  the  amount  of  money returned by the frauds bureau to insurance
companies pursuant to any fraudulent claims that were  recouped  by  the
bureau;
  (9)  the  number  and  amount  of civil penalties levied by the frauds
bureau pursuant to chapter four hundred eighty of the laws  of  nineteen
hundred ninety-two;
  (10)  recommendations  for further statutory or administrative changes
designed to meet the objectives of this article; and
  (11) an assessment of law enforcement and insurance company activities
to detect and curtail the incidence of operating a motor vehicle without
proper insurance coverage as required by this chapter and the  incidence
of  misrepresentation  by  insureds  of  the principal place where motor
vehicles are garaged and driven.]
  S 8. Sections 406, 407-a and 410 of the insurance law are REPEALED.
  S 9. Paragraph 1 of subsection (c) of section  409  of  the  insurance
law,  as added by chapter 635 of the laws of 1996, is amended to read as
follows:
  (1)  interface  of  special  investigation  unit  personnel  with  law
enforcement and prosecutorial agencies[, including] AND WITH the [insur-
ance frauds bureau] FINANCIAL FRAUDS AND CONSUMER PROTECTION UNIT of the
[state insurance department] DEPARTMENT OF FINANCIAL SERVICES;
  S  10.  Paragraph  1 of subsection (b) of section 411 of the insurance
law, as added by chapter 499 of the laws of 2009, is amended to read  as
follows:
  (1)  interface  of  special  investigations  unit  personnel  with law
enforcement and prosecutorial agencies, including the [insurance  frauds
bureau] FINANCIAL FRAUDS AND CONSUMER PROTECTION UNIT in the department;
  S  11. Section 11 of the banking law, as amended by chapter 684 of the
laws of 1938, the section heading as amended by chapter 777 of the  laws
of  1939,  subdivisions 1 and 4 as amended by chapter 566 of the laws of
2004 and subdivision 3 as amended by chapter 276 of the laws of 1990, is
amended to read as follows:
  S 11. [Banking department; official] DEPARTMENT OF FINANCIAL SERVICES;
OFFICIAL documents; destruction of documents;  official  communications.
1.  The  [banking] department shall be charged with the execution of the
laws relating to the individuals, partnerships, corporations  and  other
entities  to  which  this  chapter is applicable and shall exercise such
powers and perform such duties as are conferred and imposed upon  it  by
this  chapter, or by any law of this state. [The principal office of the
department shall be in the city of Albany.
  2. Every paper executed by an officer of the department  in  pursuance
of  authority  conferred by law and sealed with the official seal of the
department shall be received in evidence, and may  be  recorded  in  the
proper  recording offices in the same manner and with the same effect as
a deed regularly acknowledged.
  3.] 2. (a) Except as specified in paragraph (b) or (c) of this  subdi-
vision,  any report expressly required to be rendered to the superinten-
dent under any provision of this chapter, any report of  an  examination
made  in  accordance with any provision of this chapter, and any oath or

S. 2812--C                         23                         A. 4012--C

declaration of office received by the department shall  be  retained  in
such  form and for such period as the superintendent finds necessary and
proper. After such period the superintendent shall recommend disposal of
such material in accordance with the provisions of the arts and cultural
affairs law.
  (b)  Reports  made  in  accordance with section twenty-eight-b of this
[chapter] ARTICLE or pursuant to the rules and regulations of the [bank-
ing board] SUPERINTENDENT promulgated in  connection  with  assessing  a
banking organization's record of performance in meeting the credit needs
of  local  communities  within  the meaning of section twenty-eight-b of
this [chapter] ARTICLE,  including  reports  expressly  required  to  be
rendered  to  the  superintendent  and  reports  of  examinations may be
destroyed at the direction of the superintendent and in accordance  with
the  provisions  of  the arts and cultural affairs law after three years
from date of receipt thereof, provided any such report  has  first  been
photographed,  microphotographed  or  otherwise  reproduced.   Each such
reproduction shall be retained in the files  of  the  department  for  a
period  of  at  least  fifteen  years from the date of the last received
report, oath or declaration appearing thereon. After the  expiration  of
such  period, such reproduction may be destroyed at the direction of the
superintendent and in accordance with the provisions  of  the  arts  and
cultural affairs law. Such reproduction thereof shall be deemed, for any
purpose, the equivalent of the original of such report.  Any such report
not so reproduced shall be retained in the files of the department for a
period of at least fifteen years from the date of receipt thereof, after
which  it may be destroyed at the direction of the superintendent and in
accordance with the provisions of the arts and cultural affairs law.
  (c) This subdivision shall not apply  to  any  records,  documents  or
correspondence  referred  to  in subdivision four of section six hundred
twenty-seven of this chapter.
  4. Any communication from the  [banking]  department  to  any  person,
partnership,  corporation  or  other entity may contain a direction that
such communication shall be presented to the controlling owners or prin-
cipal management of such entity, members of such partnership or  to  the
board  of  directors  or  trustees  of such corporation. A communication
containing such direction shall be for the purposes of this  chapter  an
official   communication.   The   superintendent  may,  in  his  or  her
discretion, notify in writing each owner or principal  manager  of  such
entity,  every  member of such partnership and every director or trustee
of such corporation of the sending of such a communication and, in  that
event the notification shall state the date of such communication.
  S 12. Section 12 of the banking law is REPEALED.
  S  12-a.  Sections  204,  302,  303, 304, 305, 313, 326 and 327 of the
insurance law are REPEALED.
  S 13. Paragraphs 17 and 41 of subsection (a) of  section  107  of  the
insurance law are amended to read as follows:
  (17)  "Department"  means  the  [insurance]  department  OF  FINANCIAL
SERVICES of this state.
  (41) "Superintendent" means the superintendent of  [insurance]  FINAN-
CIAL SERVICES of this state.
  S  13-a.  Section  2  of  the banking law is amended by adding two new
subdivisions 28 and 29 to read as follows:
  (28) DEPARTMENT. THE TERM "DEPARTMENT" MEANS THE DEPARTMENT OF  FINAN-
CIAL SERVICES OF THIS STATE.
  (29)  SUPERINTENDENT.  THE TERM "SUPERINTENDENT" MEANS THE SUPERINTEN-
DENT OF FINANCIAL SERVICES OF THIS STATE.

S. 2812--C                         24                         A. 4012--C

  S 14. Paragraphs (b) and (e) of subdivision 1 of section  169  of  the
executive  law, paragraph (b) as amended by section 1 of part F of chap-
ter 56 of the laws of 2005, and paragraph (e) as separately  amended  by
section  11  of  part  A-1 and section 10 of part O of chapter 56 of the
laws of 2010, are amended to read as follows:
  (b)  commissioner  of  labor,  chairman  of public service commission,
commissioner of taxation and finance, superintendent of  [banks]  FINAN-
CIAL  SERVICES,  commissioner of criminal justice services, [superinten-
dent of insurance,] and commissioner of parks, recreation  and  historic
preservation;
  (e)  chairman  of  state  athletic commission, [chairman and executive
director of consumer protection board,] director of the office of victim
services, chairman of human rights appeal board, chairman of the  indus-
trial  board of appeals, chairman of the state commission of correction,
members of the board of parole, members of the state racing and wagering
board, member-chairman of unemployment insurance appeal board,  director
of  veterans'  affairs,  and  vice-chairman of the workers' compensation
board;
  S 15. Section 332 of the insurance law is REPEALED.
  S 16. Section 17 of the banking law is REPEALED.
  S 17. Section 13 of the banking law is REPEALED.
  S 18. Section 201 of the insurance law is REPEALED.
  S 19. Section 202 of the insurance law is REPEALED.
  S 20. Article 20 of the executive law is REPEALED.
  S 21. The executive law is amended by adding a  new  section  94-a  to
read as follows:
  S 94-A. CONSUMER PROTECTION DIVISION.  1. LEGISLATIVE DECLARATION. THE
LEGISLATURE  HEREBY FINDS AND DECLARES THAT THE CONSUMPTION OF GOODS AND
SERVICES IS AN ECONOMIC ACTIVITY THAT AFFECTS THE LIFE OF EVERY CITIZEN.
THE LEGISLATURE FURTHER FINDS THAT UNSCRUPULOUS AND  QUESTIONABLE  BUSI-
NESS  PRACTICES  ARE DETRIMENTAL TO THE ECONOMIC WELL-BEING OF THE CITI-
ZENS OF THIS STATE.  IN ORDER TO PROTECT THE PEOPLE OF  NEW  YORK  STATE
FROM ECONOMIC HARM THE LEGISLATURE FINDS THAT IT IS APPROPRIATE THAT THE
RESPONSIBILITIES OF THE CONSUMER PROTECTION BOARD BE CONSOLIDATED INTO A
NEW CONSUMER PROTECTION DIVISION UNDER THE SUPERVISION OF THE SECRETARY.
  2.  CONSUMER  PROTECTION DIVISION. (A) THE SECRETARY SHALL ESTABLISH A
CONSUMER PROTECTION DIVISION IN THE DEPARTMENT.
  (B) THE SECRETARY IS  AUTHORIZED  TO  ESTABLISH  WITHIN  THE  CONSUMER
PROTECTION  DIVISION  ONE OR MORE UNITS AND ASSIGN APPROPRIATE FUNCTIONS
TO ANY SUCH UNIT AND MAY APPOINT SUCH STAFF AS NECESSARY  AND  PRESCRIBE
THEIR  DUTIES  AND  FIX  THEIR  COMPENSATION  WITHIN  THE  APPROPRIATION
PROVIDED BY LAW.
  (C) THE SECRETARY SHALL ESTABLISH  A  PUBLIC  EDUCATION  AND  OUTREACH
CAMPAIGN TO PUBLICIZE THE CONSUMER PROTECTION DIVISION SO AS TO MAXIMIZE
PUBLIC AWARENESS OF, AND THE SERVICES PROVIDED BY, SUCH DIVISION.
  3.  POWERS OF THE CONSUMER PROTECTION DIVISION. (A) THE DIVISION SHALL
HAVE THE POWER AND DUTY TO:
  (1)  RECEIVE  COMPLAINTS  OF  CONSUMERS,  ATTEMPT  TO   MEDIATE   SUCH
COMPLAINTS  WHERE  APPROPRIATE,  AND REFER COMPLAINTS TO THE APPROPRIATE
UNIT OF THE DEPARTMENT, OR FEDERAL, STATE OR LOCAL AGENCY AUTHORIZED  BY
LAW FOR APPROPRIATE ACTION ON SUCH COMPLAINTS;
  (2) COORDINATE THE ACTIVITIES OF ALL STATE AGENCIES PERFORMING CONSUM-
ER PROTECTION FUNCTIONS;
  (3) INITIATE AND ENCOURAGE CONSUMER EDUCATION PROGRAMS;
  (4)  CONDUCT INVESTIGATIONS, RESEARCH, STUDIES AND ANALYSES OF MATTERS
AFFECTING THE INTERESTS OF CONSUMERS;

S. 2812--C                         25                         A. 4012--C

  (5) COOPERATE WITH AND ASSIST THE ATTORNEY GENERAL AND THE  DEPARTMENT
OF FINANCIAL SERVICES IN THE CARRYING OUT OF LEGAL ENFORCEMENT RESPONSI-
BILITIES FOR THE PROTECTION OF CONSUMERS;
  (6)  IMPLEMENT  OTHER POWERS AND DUTIES BY REGULATION AND OTHERWISE AS
PRESCRIBED BY ANY PROVISION OF LAW;
  (7) (I) ADVISE AND MAKE RECOMMENDATIONS TO  THE  GOVERNOR  ON  MATTERS
AFFECTING  THE  CONSUMERS  OF  THE  STATE  AND PROMOTE AND ENCOURAGE THE
PROTECTION OF THE LEGITIMATE INTERESTS OF CONSUMERS WITHIN THE STATE;
  (II) STUDY THE OPERATION OF CONSUMER PROTECTION LAWS AND RECOMMEND  TO
THE GOVERNOR NEW LAWS AND AMENDMENTS OF LAWS FOR CONSUMER PROTECTION;
  (8)  REPRESENT THE INTERESTS OF CONSUMERS OF THE STATE BEFORE FEDERAL,
STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGENCIES;
  (9) ESTABLISH A PROCESS  BY  WHICH  VICTIMS  OF  IDENTITY  THEFT  WILL
RECEIVE  ASSISTANCE  AND INFORMATION TO RESOLVE COMPLAINTS. TO IMPLEMENT
THE PROCESS THE SECRETARY SHALL HAVE THE AUTHORITY TO:
  (I) PROMULGATE RULES AND REGULATIONS TO ADMINISTER THE IDENTITY  THEFT
PREVENTION AND MITIGATION PROGRAM; AND
  (II)  ACT AS A LIAISON BETWEEN THE VICTIM AND ANY STATE AGENCY, PUBLIC
AUTHORITY, OR ANY MUNICIPAL DEPARTMENT OR AGENCY, THE DIVISION OF  STATE
POLICE,  AND COUNTY OR MUNICIPAL POLICE DEPARTMENTS, AND ANY NON-GOVERN-
MENTAL ENTITY, INCLUDING BUT NOT LIMITED TO, CONSUMER  CREDIT  REPORTING
AGENCIES, TO FACILITATE THE VICTIM OBTAINING SUCH ASSISTANCE AND DATA AS
WILL  ENABLE  THE  PROGRAM  TO  CARRY  OUT  ITS DUTIES TO HELP CONSUMERS
RESOLVE THE PROBLEMS THAT HAVE RESULTED FROM THE IDENTITY  THEFT.  TRADE
SECRETS  AND PROPRIETARY BUSINESS INFORMATION CONTAINED IN THE DOCUMENTS
OR RECORDS THAT MAY BE RECEIVED BY THE DIVISION  SHALL  BE  EXEMPT  FROM
DISCLOSURE  TO  THE EXTENT ALLOWED BY ARTICLE SIX OF THE PUBLIC OFFICERS
LAW;
  (10) UNDERTAKE ACTIVITIES TO ENCOURAGE BUSINESS AND INDUSTRY TO  MAIN-
TAIN  HIGH  STANDARDS  OF  HONESTY,  FAIR BUSINESS PRACTICES, AND PUBLIC
RESPONSIBILITY IN THE PRODUCTION, PROMOTION AND SALE OF  CONSUMER  GOODS
AND SERVICES;
  (11)  CONDUCT  PRODUCT  RESEARCH  AND  TESTING AND, WHERE APPROPRIATE,
CONTRACT WITH PRIVATE AGENCIES AND FIRMS FOR  THE  PERFORMANCE  OF  SUCH
SERVICES;
  (12) COOPERATE WITH AND ASSIST LOCAL GOVERNMENTS IN THE DEVELOPMENT OF
CONSUMER PROTECTION ACTIVITIES;
  (13)  ESTABLISH  ADVISORY  COUNCILS TO ASSIST IN POLICY FORMULATION ON
SPECIFIC CONSUMER PROBLEMS;
  (14) COOPERATE WITH AND ASSIST CONSUMERS IN CLASS  ACTIONS  IN  PROPER
CASES; AND
  (15)  CREATE  AN INTERNET WEBSITE OR WEBPAGE PURSUANT TO SECTION THREE
HUNDRED NINETY-C OF THE GENERAL BUSINESS LAW.
  4. UTILITY INTERVENTION UNIT. (A)  THERE  IS  ESTABLISHED  WITHIN  THE
DIVISION A STATE UTILITY INTERVENTION UNIT.
  (B) THE UTILITY INTERVENTION UNIT SHALL HAVE THE POWER AND DUTY TO:
  (I) ON BEHALF OF THE SECRETARY, INITIATE, INTERVENE IN, OR PARTICIPATE
IN  ANY  PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION, TO THE EXTENT
AUTHORIZED BY SECTIONS TWENTY-FOUR-A, SEVENTY-ONE, EIGHTY-FOUR OR  NINE-
TY-SIX  OF  THE  PUBLIC SERVICE LAW OR ANY OTHER APPLICABLE PROVISION OF
LAW, WHERE HE OR SHE DEEMS  SUCH  INITIATION,  INTERVENTION  OR  PARTIC-
IPATION TO BE NECESSARY OR APPROPRIATE; AND
  (II) REPRESENT THE INTERESTS OF CONSUMERS OF THE STATE BEFORE FEDERAL,
STATE  AND  LOCAL  ADMINISTRATIVE AND REGULATORY AGENCIES ENGAGED IN THE
REGULATION OF ENERGY SERVICES.

S. 2812--C                         26                         A. 4012--C

  5. REPORTS. (A) NO LATER THAN MARCH FIFTEENTH OF EACH YEAR,  BEGINNING
IN TWO THOUSAND TWELVE, THE SECRETARY SHALL FURNISH TO THE GOVERNOR, THE
SPEAKER  OF  THE  ASSEMBLY  AND  THE TEMPORARY PRESIDENT OF THE SENATE A
REPORT DESCRIBING THE ACTIVITIES OF THE  CONSUMER  PROTECTION  DIVISION.
THE  SECRETARY  SHALL  PREPARE  QUARTERLY  A REPORT TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE OF THE
CATEGORY AND NUMBER OF COMPLAINTS RECEIVED BY THE  DIVISION  DURING  THE
PREVIOUS QUARTER IN SUFFICIENT DETAIL TO ASSIST THE RECIPIENTS IN DETER-
MINING  THE NEED FOR ADDITIONAL LAWS FOR THE PROTECTION OF THE CONSUMER.
ADDITIONALLY, ALL SUCH COMPLAINTS RECEIVED  BY  THE  DIVISION  SHALL  BE
MAINTAINED ON A  CATEGORY BY CATEGORY BASIS.
  (B)  NO  LATER  THAN JANUARY FIRST, TWO THOUSAND TWELVE, THE SECRETARY
SHALL FURNISH TO THE GOVERNOR, THE  SPEAKER  OF  THE  ASSEMBLY  AND  THE
TEMPORARY  PRESIDENT OF THE SENATE A REPORT DESCRIBING THE ACTIVITIES OF
THE CONSUMER PROTECTION DIVISION  REGARDING  THE  PUBLIC  EDUCATION  AND
OUTREACH  CAMPAIGN REQUIRED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO
OF THIS SECTION.
  S 21-a.  Section 192-d of the agriculture and markets law is REPEALED.
  S 22. Section 285 of the agriculture and markets law is REPEALED.
  S 23. Subdivision 1 of section 5010 of the education law,  as  amended
by chapter 604 of the laws of 1993, is amended to read as follows:
  1.  An  advisory  council  for  registered business and licensed trade
schools is hereby created for the  purpose  of  advising  the  board  of
regents  and  the  commissioner as provided herein. The council shall be
composed of eleven members appointed by the governor, two of whom  shall
be upon the recommendation of the temporary president of the senate, two
of whom shall be upon the recommendation of the speaker of the assembly,
one  of  whom shall be upon the recommendation of the minority leader of
the senate and one of whom shall  be  upon  the  recommendation  of  the
minority  leader  of  the  assembly.  Of the five remaining members, one
shall be an owner or director of a school  regulated  pursuant  to  this
article,  one  shall  be  a  currently  enrolled  student at the time of
appointment or a graduate of such a school who  graduated  within  three
years  of  appointment and one shall be a student advocate. The governor
shall designate a chairperson from such members.   The  commissioner  of
education,  the  president of the higher education services corporation,
the [chair of the consumer protection board]  SECRETARY  OF  STATE,  the
comptroller,  the director of the division of the budget, and the execu-
tive director of the job training partnership council, or  their  desig-
nees, shall serve as ex-officio, non-voting members of the council.
  S  24.  Subdivision  1 of section 6-102 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
  1. There shall be established a state energy planning  board,  herein-
after  referred  to  as the "board", which shall consist of the chair of
the public service commission, the commissioner of environmental conser-
vation, the commissioner of economic development,  the  commissioner  of
transportation,  the  commissioner  of  labor, the director of the state
emergency management office,  [the  chair  of  the  consumer  protection
board,]  the commissioner of health, the president of the New York state
urban development corporation, the secretary of state and the  president
of  the  New  York  state energy research and development authority. The
governor, the speaker of the assembly and the temporary president of the
senate shall each appoint one representative to serve on the board.  The
presiding officer of the federally designated electric bulk system oper-
ator (BSO) shall serve as a non-voting member of the board. Any decision
or  action  by the board shall be by majority vote. The president of the

S. 2812--C                         27                         A. 4012--C

New York state energy research and development authority shall serve  as
chair  of  the  board.   Members of the board may designate an executive
staff representative to participate on the board on their behalf.
  S  25.  Section  12-101-a of the energy law, as added by chapter 83 of
the laws of 1995, is amended to read as follows:
  S 12-101-a. Administration.   Notwithstanding any other  provision  of
law,  the  [state  consumer  protection  board]  NEW  YORK  STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY shall be deemed to have the responsi-
bility and authority to implement the provisions of this article.
  S 26. Section 17-102 of the energy law, as added by chapter 83 of  the
laws of 1995, is amended to read as follows:
  S 17-102. Administration.  Notwithstanding any other provision of law,
the [state consumer protection board] NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT  AUTHORITY  shall  be  deemed to have the responsibility and
authority to implement the provisions of this article.
  S 27. Paragraph (a) of subdivision 7 of section 208 of the state tech-
nology law, as amended by chapter 491 of the laws of 2005, is amended to
read as follows:
  (a) In the event that any New York residents are to be  notified,  the
state  entity  shall  notify  the  state attorney general, [the consumer
protection board,] THE DEPARTMENT OF STATE and the state office of cyber
security and critical infrastructure  coordination  as  to  the  timing,
content  and  distribution  of  the  notices  and  approximate number of
affected persons. Such notice shall be made without delaying  notice  to
affected New York residents.
  S 28. Article 14-A of the general business law is REPEALED.
  S  29.  Subdivision  1  of  section 442-i of the real property law, as
added by chapter 248 of the laws of 1995, is amended to read as follows:
  1. There is hereby established within the department of state a  state
real  estate  board  which shall consist of the secretary of state, [the
executive director of the consumer protection board]  SUPERINTENDENT  OF
FINANCIAL  SERVICES,  and  thirteen additional members. At least five of
these members shall be "real estate brokers", each of whom, at the  time
of  appointment, shall be licensed and qualified as a real estate broker
under the laws of New York state and shall have been engaged in the real
estate business in this state for a period of not less  than  ten  years
prior  to appointment.   The remaining members shall be "public members"
who shall not be real estate licensees.
  S 30. Subdivisions 1 and 4 of section 490-a of  the  general  business
law  are  REPEALED and two new subdivisions 1 and 4 are added to read as
follows:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  4. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S 31. Paragraph (d) of subdivision 1 of section 490-d of  the  general
business law, as added by chapter 553 of the laws of 2008, is amended to
read as follows:
  (d)  Provide  notification to the [board] DEPARTMENT of such recall or
warning.
All notices under this subdivision must include in a clear and conspicu-
ous fashion a description of the product, the reason for the  recall  or
warning,  a picture of the product if available, and instructions on how
to return or exchange the recalled product. Such  notice  shall  include
only the product recall or warning information and may not include sales
or marketing information on that product or any other product, excluding
return and exchange policies.

S. 2812--C                         28                         A. 4012--C

  S  32.  Paragraph (b) of subdivision 2 of section 490-d of the general
business law, as added by chapter 553 of the laws of 2008, is amended to
read as follows:
  (b)  The  commercial  dealer  shall  provide to the [board] DEPARTMENT
certification of disposition for such recalled  products  within  ninety
days  after  the issuance of the recall, unless upon written application
by such dealer the [board] DEPARTMENT determines an extension of time is
warranted.
  S 33. Sections 490-g and 490-h of the general business law,  as  added
by chapter 553 of the laws of 2008, are amended to read as follows:
  S  490-g.  Enforcement. 1. Where it is determined after a hearing that
any person has violated one or more  provisions  of  this  article,  the
[director]  SECRETARY  may  assess  a civil penalty no greater than five
thousand dollars for each violation. Any proceeding  conducted  pursuant
to  this  section shall be subject to the state administrative procedure
act. Upon the occasion of a second violation or subsequent violations of
this article, a civil penalty no greater than fifty thousand dollars may
be assessed.
  2. The [board] DEPARTMENT  shall  provide  the  attorney  general  any
information   on  recalled  or  unsafe  products,  complaints  regarding
recalled or unsafe products and violations  of  this  section  that  are
necessary for the purposes of enforcement by the attorney general pursu-
ant to section sixty-three of the executive law.
  3.  The  [director]  SECRETARY  or  his or her designee may administer
oaths and take affidavits in relation to any matter or proceeding in the
exercise of the powers and duties under  this  article.  The  [director]
SECRETARY or his or her designee may subpoena and require the attendance
of  witnesses  and  the  production  of books, papers, contracts and any
other documents pertaining to any  investigation  or  hearing  conducted
pursuant to this article.
  4.  If  any person refuses to comply with a subpoena issued under this
section, the [board] DEPARTMENT may petition a court of competent juris-
diction to enforce the subpoena and such  sanctions  as  the  court  may
direct.
  5.  Nothing  in  this section shall be construed to restrict any right
which any person may have under any other statute or at common law.
  S 490-h. Promulgation of rules and regulations. The [board] DEPARTMENT
shall promulgate rules and regulations to administer this article.
  S 34. Subdivision 9 of section 349-d of the general business  law,  as
added by chapter 416 of the laws of 2010, is amended to read as follows:
  9.  The  attorney general, upon his or her own motion or upon referral
from the public service commission, the Long Island power  authority  or
the  [state  consumer protection board] DEPARTMENT OF STATE, may bring a
civil action against any  energy  services  company  that  violates  any
provision  of  this  section  and may recover (a) a civil penalty not to
exceed one thousand dollars per violation; and (b) costs and  reasonable
attorney's  fees.  In  any such proceeding the court may direct restitu-
tion.
  S 35. Subdivisions (b) and (c) of section 372 of the general  business
law, as added by section 6 of part VV of chapter 59 of the laws of 2009,
are amended to read as follows:
  (b)  The  department shall, in accordance with regulations promulgated
by the commissioner of taxation and finance, produce and make  available
to  taxpayers and tax preparers an informational flier regarding consum-
ers' rights and laws concerning tax preparers to be called  a  "consumer
bill  of  rights  regarding tax preparers". The department shall consult

S. 2812--C                         29                         A. 4012--C

with the [state consumer  protection  board]  DEPARTMENT  OF  STATE,  to
enhance  distribution  of  fliers  to consumers. The flier shall also be
made available on the department  and  the  [state  consumer  protection
board's] DEPARTMENT OF STATE'S internet site, and shall contain informa-
tion including, but not limited to, the following:
  (1) postings required by state and federal laws, such as price posting
and posting of qualifications;
  (2) explanations of some of the commonly offered services and industry
jargon,  such  as  preparation  of short and long federal forms, refund,
electronic filing, express mail,  direct  deposit,  refund  anticipation
check,  refund  anticipation loan, quick, instant, rapid, fast, fee, and
interest;
  (3) basic information on what a tax preparer is and is not required to
do for a consumer, such as  the  preparer's  responsibility  to  sign  a
return,  that a tax preparer may not be required to accompany a consumer
to an audit but the company may have a  voluntary  policy  to  accompany
consumers to audits; and
  (4)  the  telephone  numbers  of  the  department  for information and
complaints.
  The flier shall be in a form which is easily reproducible by photocopy
machine.
  (c) The department shall  coordinate  its  response  to  consumer  tax
preparer  complaints with the [state consumer protection board, pursuant
to subdivision (b) of section five hundred fifty-three of the  executive
law] DEPARTMENT OF STATE, as the department deems appropriate.
  S 36. Subdivision (g) of section 380-t of the general business law, as
amended  by  chapter  279  of  the  laws  of 2008, is amended to read as
follows:
  (g) The [consumer protection board] DEPARTMENT OF STATE shall  monitor
the  state  of  technology  relating  to  the means available to process
requests for the lifting or removal of  a  security  freeze,  and  shall
report  to  the legislature when it is determined that the technology to
process requests for the lifting or removal of a security  freeze  in  a
shorter  period  of  time than that set forth in subdivision (e) of this
section is available.
  S 37. Subdivision 3 of section 390-c of the general business  law,  as
added by chapter 509 of the laws of 2007, is amended to read as follows:
  3. The [consumer protection board] DEPARTMENT OF STATE shall establish
an  internet  security  website  or  webpage,  that includes, but is not
limited to, an explanation of what a firewall is and the  importance  of
other internet security measures.
  S  38. Subdivision 2 of section 399-dd of the general business law, as
added by chapter 519 of the laws of 2006, is amended to read as follows:
  2. The [consumer protection board] DEPARTMENT OF STATE,  in  consulta-
tion  with  the  office  of parks, recreation and historic preservation,
shall promulgate rules and regulations  for  the  design,  installation,
inspection  and  maintenance  of  playgrounds  and playground equipment.
Those regulations shall substantially comply  with  the  guidelines  and
criteria which are contained in the handbook for public playground safe-
ty  produced by the United States consumer products safety commission or
any  successor.  The  rules  and  regulations  shall   include   special
provisions  for playgrounds appropriate for children within the range of
ages in day care settings.
  S 39. Paragraphs a and b of subdivision 1  of  section  399-z  of  the
general  business  law  are REPEALED, and two new paragraphs a and b are
added to read as follows:

S. 2812--C                         30                         A. 4012--C

  A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE.
  B. "SECRETARY" SHALL MEAN THE SECRETARY OF STATE.
  S  40.  Subdivision 4 of section 399-z of the general business law, as
amended by chapter 344 of the laws  of  2010,  is  amended  to  read  as
follows:
  4.  a.  The [board] DEPARTMENT is authorized to establish, manage, and
maintain a no telemarketing sales calls statewide registry  which  shall
contain a list of customers who do not wish to receive unsolicited tele-
marketing  sales  calls.  The  [board]  DEPARTMENT  may  contract with a
private vendor to establish, manage and maintain such registry, provided
the private vendor has maintained national no telemarketing sales  calls
registries for more than two years, and the contract requires the vendor
to  provide  the no telemarketing sales calls registry in a printed hard
copy format and in any other format as prescribed by the [board] DEPART-
MENT.
  b. The [board] DEPARTMENT is authorized to have the national  "do-not-
call"  registry established, managed and maintained by the federal trade
commission pursuant to 16 C.F.R. Section 310.4 (b) (1) (iii)  (B)  serve
as  the  New  York state no telemarketing sales calls statewide registry
provided for by this section. The [board] DEPARTMENT is further  author-
ized  to take whatever administrative actions may be necessary or appro-
priate for such transition including, but not limited to, providing  the
telephone numbers of New York customers registered on the no telemarket-
ing  sales calls statewide registry to the federal trade commission, for
inclusion on the national "do-not-call" registry.
  S 41. Subdivisions 6, 7 and 8 of section 399-z of the general business
law, subdivisions 6 and 8 as amended and subdivision 7 as added by chap-
ter 344 of the laws of 2010, are amended to read as follows:
  6. a. The [board] DEPARTMENT shall provide notice to customers of  the
establishment  of  the national "do-not-call" registry. Any customer who
wishes to be included on such registry shall notify  the  federal  trade
commission as directed by relevant federal regulations.
  b. Any  company that provides local telephone directories to customers
in this state shall inform its  customers  of  the  provisions  of  this
section by means of publishing a notice in such local telephone directo-
ries.
  7.  When  the  [board] DEPARTMENT has reason to believe a telemarketer
has engaged in repeated unlawful acts in violation of this  section,  or
when  a  notice of hearing has been issued pursuant to subdivision eight
of this section, the [board]  DEPARTMENT  may  request  in  writing  the
production  of  relevant  documents  and records as part of its investi-
gation. If the person upon whom such request was made fails  to  produce
the  documents  or  records  within  thirty  days  after the date of the
request, the [board] DEPARTMENT may issue and serve subpoenas to  compel
the production of such documents and records. If any person shall refuse
to comply with a subpoena issued under this section, the [board] DEPART-
MENT  may  petition  a  court  of  competent jurisdiction to enforce the
subpoena and such sanctions as the court may direct.
  8. a. Where it  is  determined  after  hearing  that  any  person  has
violated  one  or more provisions of this section, the [director] SECRE-
TARY, or any person deputized or so designated by him or her may  assess
a fine not to exceed eleven thousand dollars for each violation.
  b.  Any  proceeding conducted pursuant to paragraph a of this subdivi-
sion shall be subject to the state administrative procedure act.

S. 2812--C                         31                         A. 4012--C

  c. Nothing in this subdivision shall  be  construed  to  restrict  any
right  which  any  person  may have under any other statute or at common
law.
  S  42.  Subdivision  1  of section 791 of the general business law, as
amended by chapter 133 of the laws  of  1999,  is  amended  to  read  as
follows:
  1.  There  is  created  within the department a hearing aid dispensing
advisory board which shall consist of thirteen members to  be  appointed
by  the  secretary:  four  of  whom shall be non-audiologist hearing aid
dispensers who shall have been engaged in  the  business  of  dispensing
hearing aids primarily in this state for at least five years immediately
preceding their appointment, two to be appointed upon the recommendation
of  the  governor,  one  to  be appointed upon the recommendation of the
temporary president of the senate and  one  to  be  appointed  upon  the
recommendation  of  the  speaker  of the assembly; four members shall be
audiologists who are engaged in the dispensing of hearing  aids  for  at
least  five  years  immediately  preceding  their appointment, two to be
appointed upon the recommendation of the governor, one to  be  appointed
upon the recommendation of the temporary president of the senate and one
to  be appointed upon the recommendation of the speaker of the assembly;
two shall be otolaryngologists; and the remaining three members, none of
whom shall derive nor have derived in the past economic benefit from the
business of dispensing hearing aids, shall  be  from  the  resident  lay
public of this state who are knowledgeable about issues related to hear-
ing  loss.  At  least one lay member shall be an individual representing
adults over the age of fifty.  At least one of the lay members shall  be
a  hearing aid user. Of the otolaryngologists and lay members, one shall
be appointed by the secretary on  the  recommendation  of  the  minority
leader  of the senate and one shall be appointed by the secretary on the
recommendation of the minority leader of the assembly and three shall be
appointed by the secretary on the recommendation of the  governor.  Each
member  of  the  board  shall  be appointed for a term of two years. Any
member may be appointed for additional terms.  In  the  event  that  any
member  shall die or resign during his or her term, a successor shall be
appointed in the same manner and with the  same  qualifications  as  set
forth  in this section. A member may be reappointed for successive terms
but no member shall serve more than a total of ten years. The  secretary
or the designee of the secretary shall serve in an ex officio non-voting
position.  The secretary shall serve as chairperson. The commissioner of
education, the commissioner of health, [the chair and executive director
of the consumer protection board] and  the  attorney  general  or  their
designees shall serve as non-voting ex officio members.
  S  43. Paragraph (a) of subdivision 8 of section 899-aa of the general
business law, as amended by chapter 491 of the laws of 2005, is  amended
to read as follows:
  (a)  In  the event that any New York residents are to be notified, the
person or business shall notify the state attorney general, the [consum-
er protection board,] DEPARTMENT OF STATE and the state office of  cyber
security  and  critical  infrastructure  coordination  as to the timing,
content and distribution  of  the  notices  and  approximate  number  of
affected  persons.  Such notice shall be made without delaying notice to
affected New York residents.
  S 44. Subdivision (c) of section 3217 of the insurance law is  amended
to read as follows:
  (c)    Prior  to the issuance of regulations pursuant to this section,
the superintendent shall afford  the  public,  including  the  companies

S. 2812--C                         32                         A. 4012--C

affected  thereby,  reasonable  opportunity for comment and shall obtain
the views, in writing, of the commissioner of health and  the  [chairman
of the consumer protection board] SECRETARY OF STATE.
  S  45.  Paragraph  (a)  of subdivision 1 of section 1898 of the public
authorities law, as added by chapter 487 of the laws of 2009, is amended
to read as follows:
  (a) the president of  the  authority;  the  secretary  of  state;  the
commissioner  of  housing  and  community  renewal;  the commissioner of
labor; the commissioner of temporary  and  disability  assistance;  [the
chair  of the consumer protection board;] the chair of the department of
public service; the president of the power authority of the state of New
York; the president of the Long Island power authority; the commissioner
of economic development; the commissioner of environmental conservation;
or the designees of such persons; and
  S 46. Section 2803-s of the public health law, as added by chapter 539
of the laws of 2010, is amended to read as follows:
  S 2803-s. Access to product recall information. The commissioner shall
require that every hospital and birth center distribute at the  time  of
pre-booking  or  admission  directly to each maternity patient and, upon
request, to the general public an informational  leaflet.  Such  leaflet
shall be designed by the commissioner in conjunction with the [executive
director  of the state consumer protection board, on behalf of the state
consumer protection board,] SECRETARY OF STATE and shall contain  infor-
mation  detailing  how  parents or guardians of infants and children can
subscribe to the United  States  consumer  product  safety  commission's
e-mail  subscription lists to receive consumer product recall and safety
news by e-mail from the United States consumer product safety commission
and such other material as deemed appropriate by the commissioner.  Such
leaflet  shall  be  made available to hospitals and birth centers by the
department on its website and shall be provided in English, as  well  as
the  top  six languages other than English spoken in the state according
to the latest available data from the United States Bureau of Census.
  S 47. Section 24-a of the public service law, as added by chapter  650
of the laws of 1974, is amended to read as follows:
  S 24-a. [1.]  Notice  to be given to [board] DEPARTMENT OF STATE prior
to rate increase.
  1. Notwithstanding any inconsistent general, special or local  law  or
rule  or  regulation to the contrary, the commission shall to the extent
the [board] DEPARTMENT shall so request in any cases or class of  cases,
give  notice  to the [board] DEPARTMENT of any filed statement proposing
to modify or increase rates, services, schedule of rates  or  any  other
rating  rule  or  to  adopt  or amend any rate or service rules or regu-
lations within five days after the commission shall have  received  such
statement from any utility subject to its jurisdiction; provided, howev-
er,  that  in lieu of giving such notice, the commission may direct that
the utility give such notice to the [board] DEPARTMENT.
  2. In any such case in which the [board] DEPARTMENT  shall  file  with
the  commission a statement of intent to be a party, the [board] DEPART-
MENT shall have and in its discretion may exercise all  the  rights  and
privileges of a party.
  3.  For the purposes of this section, [the term "board" shall mean the
state consumer protection board,] the term "commission" shall  mean  the
public service commission.
  S  48. Section 71 of the public service law, as amended by chapter 217
of the laws of 1978, is amended to read as follows:

S. 2812--C                         33                         A. 4012--C

  S 71. Complaints as to quality  and  price  of  gas  and  electricity;
investigation by commission; forms of complaints.  Upon the complaint in
writing  of  the  mayor  of  a city, the trustees of a village, the town
board of a town or the chief executive officer or the  legislative  body
of  a  county in which a person or corporation is authorized to manufac-
ture, convey, transport, sell or supply gas  or  electricity  for  heat,
light  or power, or upon the complaint in writing of not less than twen-
ty-five customers or purchasers of such gas or electricity, or upon  the
complaint in writing of the [state consumer protection board] DEPARTMENT
OF  STATE, or upon a complaint of a gas corporation or electrical corpo-
ration supplying or transmitting said gas  or  electricity,  as  to  the
illuminating  or heating power, purity or pressure or the rates, charges
or classifications of service of gas, the  efficiency  of  the  electric
incandescent lamp supply, the voltage of the current supplied for light,
heat  or  power,  or  the  rates charged or classification of service of
electricity sold and delivered  in  such  municipality,  the  commission
shall  investigate  as  to  the  cause  for  such  complaint.  When such
complaint is made, the commission may,  by  its  agents,  examiners  and
inspectors,  inspect  the  works, system, plant, devices, appliances and
methods used by such person or corporation in  manufacturing,  transmit-
ting  and supplying such gas or electricity, and may examine or cause to
be examined the books and papers of such person, or corporation pertain-
ing to the manufacture, sale, transmitting and supplying of such gas  or
electricity.  The  form  and  contents of complaints made as provided in
this section shall be prescribed  by  the  commission.  Such  complaints
shall  be  signed  by  the  officers, or by the customers, purchasers or
subscribers making them, who must add to their signatures  their  places
of residence, by street and number, if any.
  S  49. Section 84 of the public service law, as amended by chapter 650
of the laws of 1974, is amended to read as follows:
  S 84. Complaints as to service and price of steam heat;  investigation
by  commission;  forms of complaints.   Upon the complaint in writing of
the mayor of the city, the trustees of a village or the town board of  a
town in which a person or corporation is authorized to manufacture, sell
or  supply  steam for heat or power, or upon the complaint in writing of
not less than fifty customers or purchasers of such steam heat in cities
of the first or second class, or of not less than twenty-five in  cities
of  the  third  class,  or  of  not less than ten elsewhere, or upon the
complaint in writing of the [state consumer protection board] DEPARTMENT
OF STATE, as to the price, pressure or efficiency of steam supplied  for
heat  or  power, sold and delivered in such municipality, the commission
shall investigate  as  to  the  cause  for  such  complaint.  When  such
complaint  is  made,  the  commission  may, by its agents, examiners and
inspectors, inspect the work, system,  plant,  devices,  appliances  and
methods  used  by such person or corporation in manufacturing, transmit-
ting and supplying such steam, and may examine or cause to  be  examined
the  books  and  papers  of such person or corporation pertaining to the
manufacture, sale, transmitting and supplying of such  steam.  The  form
and  contents  of  complaints  made as provided in this section shall be
prescribed by the commission. Such complaint  shall  be  signed  by  the
officers,  or  by  the customers, purchasers or subscribers making them,
who must add to their signatures their place of residence, by street and
number, if any.
  S 50. Section 89-i of the public service law, as  amended  by  chapter
651 of the laws of 1974, is amended to read as follows:

S. 2812--C                         34                         A. 4012--C

  S 89-i. Complaints  as to price of water; investigation by commission;
forms of complaints.  Upon the complaint in writing of the  mayor  of  a
city,  the  trustees of a village or the town board of a town in which a
person or corporation is authorized to supply or  distribute  water  for
domestic, commercial or public uses, or upon the complaint in writing of
not  less than twenty-five customers or purchasers of such water in such
municipality or upon complaint of a  water-works  corporation  supplying
such  water,  as to the rates, charges or classifications of service for
water sold and delivered in such municipality, or upon the complaint  in
writing of the [state consumer protection board] DEPARTMENT OF STATE, or
as  to  the  methods employed in furnishing such service, the commission
shall investigate as to the cause of such complaint. When such complaint
is made, the commission may, by its agents,  examiners  and  inspectors,
inspect  the  works, system, plant, devices, appliances and methods used
by such water-works  corporation  in  supplying  and  distributing  such
water,  and  may examine or cause to be examined the books and papers of
such water-works corporation pertaining to the supplying and  distribut-
ing  of such water. The form and contents of complaints made as provided
in this section shall be prescribed by the commission.  Such  complaints
shall  be  signed  by  the  officers, or by the customers, purchasers or
subscribers making them, who must add to their signatures  their  places
of residence, by street and number, if any.
  S  51.  Subdivision  3  of  section  96  of the public service law, as
amended by chapter 650 of the laws  of  1974,  is  amended  to  read  as
follows:
  3.  Complaints  may  be  made to the commission by the [state consumer
protection board] DEPARTMENT OF STATE or by any  person  or  corporation
aggrieved,  by  petition  or complaint in writing, setting forth any act
done or omitted to be done by any  telegraph  corporation  or  telephone
corporation alleged to be in violation of the terms or conditions of its
franchise or charter or of any order of the commission. Upon the presen-
tation  of such a complaint the commission shall cause a copy thereof to
be forwarded to the person or corporation complained  of  which  may  be
accompanied by an order directed to such person or corporation requiring
that  the  matters  complained  of  be  satisfied or that the charges be
answered in writing within a time to be specified by the commission.  If
the  person  or  corporation complained of shall make reparation for any
injury alleged and shall cease to commit or permit the violation of law,
franchise, charter or order charged in the complaint, if any  there  be,
and shall notify the commission of that fact before the time allowed for
answer, the commission need take no further action upon the charges. If,
however,  the  charges  contained in such petition be not thus satisfied
and it shall appear to the commission that there are reasonable  grounds
therefor,  it  shall investigate such charges in such manner and by such
means as it shall deem proper and take such action within its powers  as
the facts in its judgment justify.
  S  52.  Paragraph 2 of subdivision (n) of section 1817 of the tax law,
as amended by section 30 of subpart I of part V-I of chapter 57  of  the
laws of 2009, is amended to read as follows:
  (2)   The  commissioner[,  in  cooperation  with  the  state  consumer
protection board,] shall monitor the prices charged by  persons  engaged
in the retail sale or distribution of motor fuel and diesel motor fuel.
  S 53. Section 97-www of the state finance law, as added by chapter 547
of the laws of 2000, is amended to read as follows:
  S  97-www. [1.] Consumer protection account. 1. There is hereby estab-
lished in the joint custody of the state comptroller and the commission-

S. 2812--C                         35                         A. 4012--C

er of taxation and finance an account within the  miscellaneous  special
revenue fund to be known as the "consumer protection account."
  2.  Such account shall consist of all [fees and] penalties received by
the [state consumer protection board] DEPARTMENT OF  STATE  pursuant  to
[article  ten-B  of  the  personal  property law,] section three hundred
ninety-nine-z of the general business  law  and  any  additional  monies
appropriated,  credited  or  transferred to such account by the Legisla-
ture. Any interest earned by the investment of monies  in  such  account
shall be added to such account, become part of such account, and be used
for the purposes of such account.
  3.  Monies  in  the  account shall be available to the [state consumer
protection board for the payment of costs of producing and  distributing
educational  materials and conducting educational activities relating to
the promotion of the "unsolicited telemarketing sales call registry" and
all related costs and expenditures incurred  in  the  administration  of
section  three  hundred  ninety-nine-z  of  the general business law and
article ten-B of the personal property law] DEPARTMENT OF STATE FOR  ALL
COSTS AND EXPENDITURES RELATED TO CONSUMER PROTECTION ACTIVITIES.
  4. Monies in the account shall be paid out of the account on the audit
and  warrant  of the state comptroller on vouchers certified or approved
by the [state consumer protection board]  DEPARTMENT  OF  STATE  or  any
officer  or employee designated by the [executive director] SECRETARY OF
STATE.
  S 54. Intentionally omitted.
  S 55. Paragraph 1 of subsection (c) of section 109  of  the  insurance
law is amended to read as follows:
  (1)  If  the  superintendent  finds  after notice and hearing that any
authorized insurer,  representative  of  [such]  THE  insurer,  licensed
insurance  agent,  licensed insurance broker [or], licensed adjuster, OR
ANY OTHER PERSON OR ENTITY LICENSED, CERTIFIED, REGISTERED,  OR  AUTHOR-
IZED  PURSUANT  TO THIS CHAPTER, has wilfully violated the provisions of
this chapter[, he] OR ANY REGULATION PROMULGATED  THEREUNDER,  THEN  THE
SUPERINTENDENT  may  order [such insurer, representative, agent, broker,
or adjuster, as the case may be,] THE PERSON OR ENTITY  to  pay  to  the
people of this state a penalty in a sum not exceeding [five hundred] ONE
THOUSAND dollars for each [such] offense.
  S 56. Section 203 of the insurance law is REPEALED.
  S 57. Section 209 of the insurance law is REPEALED.
  S 58. Section 210-a of the insurance law is REPEALED.
  S 59. Section 211 of the insurance law is REPEALED.
  S 60. Section 212 of the insurance law is REPEALED.
  S  61. Section 214 of the insurance law, as added by chapter 77 of the
laws of 2008, is amended to read as follows:
  S 214. Report on insurance agent licensing  examinations.  The  super-
intendent  shall  perform a study of the insurance agent licensure exam-
inations required pursuant to section two thousand one hundred three  of
this chapter. The study shall, at a minimum, include the total number of
examinees, the passing rate of all examinees, and the mean scores on the
examination.  Additionally,  the  study  shall  examine  the correlation
between these statistics and the applicants' native language,  level  of
education,  gender,  race and ethnicity. The study shall be completed by
[January first] MARCH FIFTEENTH, two thousand [nine] TWELVE, and annual-
ly thereafter.
  S 62. Subsection (d) of section 308 of the insurance law is REPEALED.
  S 63. Sections 498-a and 562 of the banking law are REPEALED.

S. 2812--C                         36                         A. 4012--C

  S 64.  Section 337 of the insurance law, as added by  chapter  647  of
the laws of 1992, is amended to read as follows:
  S  337.  Annual consumer guide on automobile insurance.  (a) [No later
than October first of each year, beginning in nineteen  hundred  ninety-
three,  the]  THE superintendent shall [publish and make available, free
of charge to the public,] ISSUE AND UPDATE,  AS  NECESSARY,  a  consumer
guide  on  private  passenger  automobile  insurance  that shall contain
comprehensive [and updated] information written in plain language  in  a
clear and understandable format, including the following:
  (1)  an annual ranking of automobile insurers: (A) including an analy-
sis of private passenger  insurers  in  the  state  which  provides,  in
detail,  a  ranking  of  such  insurers from best to worst based on each
insurer's record of consumer complaints during  the  preceding  calendar
year, using criteria available to the department, adjusted for volume of
insurance  written;  and (B) taking into consideration the corresponding
total of  claims  improperly  denied  in  whole  or  in  part,  consumer
complaints  found  to be valid in whole or in part, and any other perti-
nent data which would permit the department to objectively determine  an
insurer's  performance;  and  (C)  the  superintendent  may note, to the
extent relevant, actions taken by the department against an insurer  for
violating any law or regulation;
  (2)  a  list  of makes and models of automobiles that generally do not
meet underwriting guidelines of automobile  insurers  or  in  regard  to
which  consumers  can  expect  to  pay higher premiums as a result of an
automobile's style, model type or other distinguishing features,  except
that  specific  insurers  shall  not  be identified for purposes of such
list;
  (3) an explanation of all types of automobile  insurance  required  by
law  and available as optional coverage, including policyholders' rights
under these types of coverage and when making claims;
  (4) an explanation of and information on the automobile insurance plan
established pursuant to article fifty-three of this  chapter,  including
how motorists in such plan should proceed in attempting to obtain insur-
ance in the voluntary market;
  (5) [representative information on the availability and costs of auto-
mobile  insurance from insurers for rating territories in the state, for
classes  of  drivers,  including  information  on  premium  credit   and
surcharge practices;
  (6)]  recommendations  as  to how best to shop for and compare prices,
service and quality of automobile insurance coverage;
  [(7)] (6) an explanation of prohibited discriminatory practices apply-
ing to insurance companies, agents and brokers; and
  [(8)] (7) a department  toll  free  consumer  hot-line  through  which
consumers  may  initiate  complaints,  and  request general information,
about automobile insurance.
  (b) The [annual] requirements set forth  in  subsection  (a)  of  this
section  may  be  satisfied by separate or supplemental publications and
updates.
  (c) The superintendent shall [provide for  the  adequate  distribution
and  availability of] POST the consumer guide on automobile insurance ON
THE DEPARTMENT'S WEBSITE.   [Appropriate copies of the  guide  shall  be
transmitted  to  the  commissioner of motor vehicles for distribution at
every department of motor vehicle local and district office in the state
and to the commissioner of education for distribution  to  every  public
library  in the state, where copies of the guide shall be made available
free of charge to the public.]

S. 2812--C                         37                         A. 4012--C

  S 65. Section 338 of the insurance law is REPEALED.
  S 66. Section 339 of the insurance law is REPEALED.
  S 67. Section 402 of the insurance law is REPEALED.
  S 68. Intentionally omitted.
  S  69.  Section  2102  of the insurance law is amended by adding a new
subsection (g) to read as follows:
  (G) ANY PERSON, FIRM, ASSOCIATION OR CORPORATION WHO OR THAT  VIOLATES
THIS  SECTION  SHALL  BE SUBJECT TO A PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS FOR EACH TRANSACTION, EXCEPT AS PROVIDED  IN  PARAGRAPH  TWO  OF
SUBSECTION (A) OF THIS SECTION.
  S  70.  Subsection (g) of section 2117 of the insurance law is amended
to read as follows:
  (g)  Any  person,  firm,  association  or  corporation  violating  any
provision  of  this  section  shall,  in  addition  to any other penalty
provided by law, forfeit to the people of the  state  the  sum  of  five
hundred  dollars  for  [the first offense, and an additional sum of five
hundred dollars for each month during which any such person, firm, asso-
ciation or corporation shall  continue  to  act  in  violation  of  this
section] EACH TRANSACTION.
  S  71. Subsection (b) of section 2402 of the insurance law, as amended
by chapter 499 of the laws of 2009, is amended to read as follows:
  (b) "Defined violation" means the commission by a  person  of  an  act
prohibited  by:  SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED TWO,
section one thousand two hundred  fourteen,  one  thousand  two  hundred
seventeen,  one  thousand two hundred twenty, one thousand three hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, TWO
THOUSAND ONE HUNDRED TWO, TWO THOUSAND ONE HUNDRED SEVENTEEN, two  thou-
sand  one  hundred  twenty-two,  two  thousand one hundred twenty-three,
subsection (p) of section two thousand three hundred  thirteen,  section
two  thousand  three hundred twenty-four, two thousand five hundred two,
two thousand five hundred three, two thousand  five  hundred  four,  two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred  three,  two thousand six hundred four, two thousand six hundred
six, two thousand seven hundred three, three thousand one hundred  nine,
three  thousand  two  hundred twenty-four-a, three thousand four hundred
twenty-nine, three thousand four hundred thirty-three,  paragraph  seven
of  subsection  (e)  of  section three thousand four hundred twenty-six,
four thousand two hundred twenty-four, four thousand two  hundred  twen-
ty-five,  four  thousand  two  hundred  twenty-six, seven thousand eight
hundred nine, seven thousand eight hundred  ten,  seven  thousand  eight
hundred  eleven,  seven  thousand eight hundred thirteen, seven thousand
eight hundred fourteen and seven thousand eight hundred fifteen of  this
chapter;  or section 135.60, 135.65, 175.05, 175.45, or 190.20, or arti-
cle one hundred five of the penal law.
  S 72. Section 2706 of the insurance law is REPEALED.
  S 73. Intentionally omitted.
  S 74. Intentionally omitted.
  S 75. Intentionally omitted.
  S 76. Section 5514 of the insurance law is REPEALED.
  S 77. Subsection (d) of section 7006 of the insurance law is REPEALED.
  S 78. Subdivision 47 of section 2.10 of the criminal procedure law, as
added by chapter 720 of the laws of 1981, is amended to read as follows:
  47. Employees of the [insurance frauds bureau of the state] department
of [insurance] FINANCIAL SERVICES when designated as peace  officers  by

S. 2812--C                         38                         A. 4012--C

the superintendent of [insurance] FINANCIAL SERVICES and acting pursuant
to  their  special  duties AS SET FORTH IN ARTICLE FOUR OF THE FINANCIAL
SERVICES LAW; provided, however, that nothing in this subdivision  shall
be deemed to authorize such officer to carry, possess, repair or dispose
of  a  firearm  unless  the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law.
  S 78-a. Subdivision 61 of section 2.10 of the criminal procedure  law,
as added by chapter 321 of the laws of 1992, is REPEALED.
  S  79.  Subdivision  1  of section 1370-b of the public health law, as
amended by section 5 of part A of chapter 58 of the  laws  of  2009,  is
amended to read as follows:
  1. The New York state advisory council on lead poisoning prevention is
hereby  established  in  the department, to consist of the following, or
their designees:  the  commissioner;  the  commissioner  of  labor;  the
commissioner  of environmental conservation; the commissioner of housing
and community renewal; the commissioner of children and family services;
the commissioner of temporary and disability assistance;  the  secretary
of  state; [the superintendent of insurance;] and fifteen public members
appointed by the governor. The public members shall have a  demonstrated
expertise  or  interest  in  lead  poisoning prevention and at least one
public member shall be representative of each of  the  following:  local
government;  community  groups;  labor  unions;  real  estate; industry;
parents; educators; local housing authorities; child  health  advocates;
environmental  groups; professional medical organizations and hospitals.
The public members of the council shall have fixed terms of three years;
except that five of the initial appointments shall be for two years  and
five  shall be for one year. The council shall be chaired by the commis-
sioner or his or her designee.
  S 80. Paragraph (b) of subdivision 1 of section  2553  of  the  public
health law, as amended by chapter 231 of the laws of 1993, is amended to
read as follows:
  (b)  The  council  shall consist of [twenty-seven] TWENTY-SIX members,
unless otherwise required by federal law, appointed by the governor.  At
least  five  members  shall be parents, four of whom shall be parents of
children with disabilities aged twelve or younger and one of whom  shall
be the parent of a child with disabilities aged six or younger; at least
five  shall  be  representatives of public or private providers of early
intervention services; at least one shall be involved in personnel prep-
aration or training; at least two shall be early intervention officials;
at least two shall be members of the legislature; [seven] SIX  shall  be
the  commissioner  and  the commissioners of education, social services,
[mental retardation and] PEOPLE WITH developmental disabilities,  mental
health,  alcoholism and substance abuse services [and the superintendent
of insurance], or their appropriate designees with sufficient  authority
to engage in policy planning and implementation on behalf of their agen-
cies.
  S  81.  The  opening paragraph of subdivision 1 of section 4602 of the
public health law, as amended by chapter 401 of the  laws  of  2003,  is
amended to read as follows:
  The  continuing  care  retirement  community  council is hereby estab-
lished, to consist of the following, or their  designees:  the  attorney
general; the commissioner; [the superintendent of insurance;] the direc-
tor  of  the office for the aging; and eight public members appointed by
the governor with the advice and consent  of  the  senate.  Such  public
members  shall  be representative of the public, and have a demonstrated
expertise  or  interest  in  continuing  care  retirement   communities;

S. 2812--C                         39                         A. 4012--C

provided  that  no  more than one such member shall be a sponsor, owner,
operator, manager, member of a board of directors, or shareholder  of  a
continuing  care retirement community. At least two public members shall
be  residents of a continuing care retirement community. At least one of
the public members shall be a representative  of  an  organization  with
demonstrated  experience  in  representing the interests of senior citi-
zens. The public members of the council shall have fixed terms  of  four
years.  The  council  shall be chaired by the commissioner or his or her
designee.
  S 82. Paragraph 5 of subdivision (a) of section 11 of the tax law,  as
amended  by  section  19 of part A of chapter 63 of the laws of 2005, is
amended to read as follows:
  (5) "Department" - the department of [insurance]  FINANCIAL  SERVICES;
PROVIDED,  HOWEVER,  THAT  "DEPARTMENT"  SHALL  MEAN  THE  DEPARTMENT OF
ECONOMIC DEVELOPMENT WITH  REGARD  TO  ANY  APPLICATION,  CERTIFICATION,
REPORT,  SUBMISSION, FILING OR OTHER ACTION REQUIRED OR GOVERNED BY THIS
SECTION OCCURRING ON OR AFTER AUGUST FIRST, TWO THOUSAND ELEVEN.
  S 83. Paragraph 12 of subdivision (a) of section 11 of the tax law, as
amended by section 19 of part A of chapter 63 of the laws  of  2005,  is
amended to read as follows:
  (12)  "Superintendent"  -  the superintendent of [insurance] FINANCIAL
SERVICES;  PROVIDED,  HOWEVER,  THAT  "SUPERINTENDENT"  SHALL  MEAN  THE
COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  WITH REGARD TO ANY APPLICATION,
CERTIFICATION, REPORT, SUBMISSION, FILING OR OTHER  ACTION  REQUIRED  OR
GOVERNED  BY  THIS SECTION OCCURRING ON OR AFTER AUGUST FIRST, TWO THOU-
SAND ELEVEN.
  S 84. Subdivision (j) of section 11 of the tax law is REPEALED.
  S 85. Subdivision 1 of section 20 of chapter 784 of the laws of  1951,
constituting  the  New  York  state defense emergency act, as amended by
chapter 641 of the laws of 1978, is amended to read as follows:
  1. There is hereby continued in the division  of  military  and  naval
affairs  in the executive department a state civil defense commission to
consist of the same members as the members of the disaster  preparedness
commission  as  established  in  article  two-B of the executive law. In
addition, the [superintendents] SUPERINTENDENT of  [banking  and  insur-
ance]  FINANCIAL  SERVICES,  the  chairman  of the workers' compensation
board and the director of the division of  veterans'  affairs  shall  be
members.  The governor shall designate one of the members of the commis-
sion to be the chairman thereof. The  commission  may  provide  for  its
division  into  subcommittees  and for action by such subcommittees with
the same force and effect as action by the full commission. The  members
of  the  commission,  except  for  those  who serve ex officio, shall be
allowed their actual and necessary expenses incurred in the  performance
of  their  duties  under  this  article  but shall receive no additional
compensation for services rendered pursuant to this article.
  S 86. Section 4 of chapter 610 of the laws of 1995 amending the insur-
ance law, relating to investments is REPEALED.
  S 87. Section 3 of the banking law is REPEALED.
  S 88. Subdivisions 3, 4, 5, 7, 8 and 9 of section 12-a of the  banking
law,  as  added  by  chapter  322  of the laws of 2007, paragraph (a) of
subdivision 8 as amended by chapter 295 of the laws of 2008, are amended
to read as follows:
  3. Except with respect to a federally permitted power approved  pursu-
ant  to  subdivision  four of this section, prior to any state chartered
banking institution initially exercising any federally  permitted  power
pursuant  to this section, such banking institution shall make an appli-

S. 2812--C                         40                         A. 4012--C

cation individually or with one or more state chartered  banking  insti-
tutions to the superintendent indicating that such institution or insti-
tutions  intend to exercise such federally permitted power and the basis
on which such institution or institutions believe such power is a feder-
ally  permitted power.  [The] IF SUCH APPLICATION MEETS THE REQUIREMENTS
OF THIS SECTION, THE superintendent shall post such application upon the
bulletin board of the department pursuant to section forty-two  of  this
article.  After  promptly reviewing such application, the superintendent
shall determine, consistent with the standards set forth in  subdivision
five  of  this  section,  whether  to  [recommend  to  the banking board
approval of] APPROVE such application subject to such terms  and  condi-
tions as [he or she] THE SUPERINTENDENT may deem appropriate, in [his or
her]  THE SUPERINTENDENT'S sole discretion. Such determination, [and any
recommendation to the banking board to approve an application,] shall be
made by the superintendent within forty-five days after the  posting  of
such application by the superintendent, provided however that the super-
intendent  may notify the applicant or applicants that the review of the
application shall be extended for  an  additional  period  of  time  not
exceeding one hundred twenty days after the posting of such application,
and  provided  further  that  such period of time may be extended for an
additional period of time with the written consent of the  applicant  or
applicants.  The  [banking  board] SUPERINTENDENT shall not act upon the
[superintendent's recommendation] APPLICATION prior to thirty days after
such application has been posted. If the superintendent shall  determine
not to [recommend approval] APPROVE of such application, the superinten-
dent shall notify the applicant or applicants in writing that the appli-
cant  or  applicants may not exercise such federally permitted power. If
the superintendent [determines to recommend approval  of  such  applica-
tion,  and  the banking board approves such application by adoption of a
resolution,] APPROVES SUCH APPLICATION, THE SUPERINTENDENT SHALL  NOTIFY
THE  APPLICANT  OR  APPLICANTS  IN WRITING THEREOF, AND the applicant or
applicants may exercise such federally permitted power subject  to  such
terms  and  conditions  as  the  [banking board] SUPERINTENDENT may have
approved. [If the banking board declines to  approve  such  application,
the  superintendent  shall notify the applicant or applicants in writing
thereof.] Notwithstanding any other law, the [banking  board,  upon  the
recommendation  of the] superintendent[,] may[, by resolution,] make the
approval of an application under this section applicable to one or  more
additional  state  chartered  banking institutions that are qualified to
exercise the same federally permitted powers as the applicant or  appli-
cants pursuant to subdivision two of this section, subject to such terms
and  conditions as the superintendent shall find necessary and appropri-
ate [and as approved by the banking board].
  4. Notwithstanding any other law, the superintendent, in [his  or  her
sole]  THE SUPERINTENDENT'S discretion, may, when [he or she] THE SUPER-
INTENDENT deems it necessary and appropriate after considering the stan-
dards set forth in subdivision five of this section, [recommend  to  the
banking  board that it adopt a resolution authorizing] BY ORDER, AUTHOR-
IZE one or more state  chartered  banking  institutions  to  exercise  a
federally  permitted  power, subject to such terms and conditions as the
superintendent shall find necessary and appropriate [and as approved  by
the  banking  board].  Prior  to  [making any such recommendation to the
banking board] ISSUING SUCH ORDER, the superintendent shall  post  [such
recommendation]  NOTICE  OF THE SUPERINTENDENT'S INTENTION TO ISSUE SUCH
ORDER upon the bulletin board of  the  department  pursuant  to  section
forty-two  of  this  article, and [the banking board] shall not act upon

S. 2812--C                         41                         A. 4012--C

such [recommendation] INTENTION prior to thirty days after such  [recom-
mendation] NOTICE has been posted.
  5.  Prior  to  approving  any  [recommendation  by the superintendent]
APPLICATION OR PROPOSAL pursuant to subdivision three or  four  of  this
section,  the  [banking  board] SUPERINTENDENT shall make a finding that
the approval of such [recommendation] APPLICATION OR PROPOSAL is:
  (i) consistent with the policy of the state of New York as declared in
section ten of this article and thereby protects  the  public  interest,
including  the  interests of depositors, creditors, shareholders, stock-
holders and consumers; and
  (ii) necessary to achieve or maintain parity between  state  chartered
banking  institutions  and their counterpart federally chartered banking
institutions with  respect  to  rights,  powers,  privileges,  benefits,
activities, loans, investments or transactions.
  7.  (a)  In those instances where state chartered banking institutions
are permitted to engage in the business of insurance  pursuant  to  this
section,  they  shall  do so subject to [regulation by the department of
insurance and pursuant to] all insurance laws, rules,  and  regulations;
provided,  however,  that  the superintendent[, in consultation with the
superintendent of insurance,] may exempt state chartered banking  insti-
tutions  from  any  insurance  law,  rule  or  regulation which has been
preempted under federal law, rule or regulation for federally  chartered
banking  institutions if such law, rule or regulation has been preempted
because it applies to insurance activities of federally chartered  bank-
ing institutions and not to those of other entities.
  (b)  In  those  instances where a federally permitted power authorized
pursuant to this section is subject  to  regulation  by  an  agency,  as
defined  in  subdivision  one  of  section  one hundred two of the state
administrative procedure act, other than  the  superintendent,  [banking
board or superintendent of insurance,] then when a state chartered bank-
ing  institution  exercises such federally permitted power, unless it is
so authorized by other New York state law,  or  a  rule,  regulation  or
policy  adopted pursuant to such other New York state law, or by a judi-
cial decision, it shall do so subject to such  regulation  to  the  same
extent  and  in  the same manner as such agency regulates entities other
than state chartered banking institutions, except  to  the  extent  that
federally  chartered  banking institutions are not subject to such regu-
lation.
  [(c) Except with respect to a credit  unemployment  insurance  policy,
group  credit life insurance policy, a group credit health, group credit
accident or group credit health and accident policy,  or  similar  group
credit  insurance  covering  the  person of the insured, state chartered
banking institutions, federally chartered banking institutions, and  any
person  soliciting  the purchase of or selling insurance on the premises
thereof, must disclose or cause to be disclosed in writing, where  prac-
ticable,  in clear and concise language, to their customers and prospec-
tive customers who are solicited therefor that any insurance offered  or
sold:
  (i) is not a deposit;
  (ii)  is  not  insured by the federal deposit insurance corporation or
the national credit union share insurance fund, as applicable; and
  (iii) is not guaranteed by the state chartered banking institution  or
the federally chartered banking institution.
  (d) Except with respect to a flood insurance policy, or a credit unem-
ployment  insurance  policy, group credit life insurance policy, a group
credit health, group credit accident or group credit health and accident

S. 2812--C                         42                         A. 4012--C

policy, or similar group credit insurance covering  the  person  of  the
insured, when a customer obtains insurance and credit from a state char-
tered  banking institution or a federally chartered banking institution,
then  the  credit  and insurance transactions shall be completed through
separate documents.  The  expense  of  insurance  premiums  may  not  be
included  in  the primary credit transaction without the express written
consent of the customer.
  (e) State chartered banking institutions and federally chartered bank-
ing institutions shall not extend credit, lease or sell property of  any
kind,  or furnish any services, or fix or vary the consideration for any
of the foregoing, on the condition  or  requirement  that  the  customer
obtain  insurance from the state chartered banking institution or feder-
ally chartered banking institution, its affiliate or  subsidiary,  or  a
particular insurer, agent or broker; provided, however, that this prohi-
bition  shall  not  prevent  any  state chartered banking institution or
federally chartered banking institution from engaging  in  any  activity
described  in this subdivision that would not violate section 106 of the
Bank Holding Company Act Amendments of 1970 (12 USCA S1971 et seq.),  as
interpreted  by  the  Board  of Governors of the Federal Reserve System.
This prohibition shall not prevent a state chartered banking institution
or federally chartered banking institution  from  informing  a  customer
that  insurance  is  required  in order to obtain a loan or credit, that
loan or credit approval is contingent upon the customer's procurement of
acceptable insurance, or that insurance  is  available  from  the  state
chartered  banking  institution  or federally chartered banking institu-
tion; provided, however, that the state chartered banking institution or
federally chartered banking institution shall also inform  the  customer
in writing that his or her choice of insurance provider shall not affect
the state chartered banking institution's or federally chartered banking
institution's  credit  decision or credit terms in any way. Such disclo-
sure shall be given prior to or at the time that a state chartered bank-
ing institution or federally chartered  banking  institution  or  person
selling  insurance  on the premises thereof solicits the purchase of any
insurance from a customer who has applied for a  loan  or  extension  of
credit.
  (f)  No  state  chartered  banking  institution or federally chartered
banking institution shall require a debtor, insurer, or insurance  agent
or  broker  to  pay a separate charge in connection with the handling of
insurance that is required in connection with a loan or other  extension
of credit or the provision of another traditional banking product solely
because  the insurance is being provided by an insurance agent or broker
which is not the state chartered banking institution or federally  char-
tered banking institution or any subsidiary or affiliate thereof.
  (g)]  (C)  Any  state chartered banking institution or federally char-
tered banking institution and any subsidiary or affiliate thereof  which
is  licensed to sell insurance in this state shall maintain separate and
distinct books and  records  relating  to  its  insurance  transactions,
including  all files relating to and reflecting consumer complaints, and
such insurance books and records shall be made available to  the  super-
intendent [of insurance] for inspection upon reasonable notice.
  8.  [(a)]  On  or  before June first[, two thousand eight and annually
thereafter] OF EACH YEAR, the superintendent shall submit  a  report  to
the  governor,  the  speaker of the assembly, the temporary president of
the senate, the minority leaders of the senate  and  assembly,  and  the
chairs  and  ranking  minority  members of the senate and assembly banks
committees, which shall include, with respect to the authority  provided

S. 2812--C                         43                         A. 4012--C

for  in this section, WITH RESPECT TO THE PRECEDING CALENDAR YEAR, (1) a
listing  of  state  chartered  banking  institutions  that  [have   been
retained,]  WERE  established [or that have converted to federally char-
tered  banking institutions or have been acquired by, or merged with and
into another state or out-of-state state chartered  banking  institution
or  federally  chartered banking institution and the total employment of
the banking sector in this state], (2) A LISTING  OF  INSTITUTIONS  THAT
HAVE  CONVERTED TO A FEDERAL CHARTER OR HAVE BEEN ACQUIRED BY, OR MERGED
WITH, ANOTHER BANKING INSTITUTION, (3) THE NUMBER OF  NEW  YORK  BANKING
INSTITUTIONS  EXERCISING  THE  INSURANCE  ACTIVITIES  AUTHORIZED BY THIS
SECTION, (4) the total number of NEW YORK chartered banking institutions
located in this state, [including branches,] and (5) the total amount of
assets of such chartered [or licensed] banking institutions by type  [of
federal, state or out-of-state state charter.
  (b) On or before June first, two thousand eight and annually thereaft-
er,  the superintendent shall, in conjunction with the superintendent of
insurance, submit a report to the governor, the speaker of the assembly,
the temporary president of the senate and the minority  leaders  of  the
senate  and the assembly, which assesses the impact of the provisions of
this section which apply to the insurance activities of state  chartered
banking institutions].
  9.  Any rules or regulations promulgated by the banking board pursuant
to  former  sections  fourteen-g and fourteen-h of this chapter prior to
September first, two thousand seven, AND ANY RESOLUTIONS ADOPTED BY  THE
BANKING  BOARD PURSUANT TO THIS SECTION AFTER SEPTEMBER FIRST, TWO THOU-
SAND SEVEN AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF
TWO  THOUSAND  ELEVEN WHICH AMENDED THIS SUBDIVISION, including any such
rules [and], regulations AND RESOLUTIONS  which  in  whole  or  in  part
impose  conditions,  qualifications  or  restrictions  on  any federally
permitted powers authorized thereby which exceed the conditions,  quali-
fications or restrictions imposed on the same when exercised by a feder-
ally  chartered  banking  institution,  shall  remain  in full force and
effect on or after such date, unless any such rule [or],  regulation  OR
RESOLUTION  is thereafter superseded, modified, or revoked by the [bank-
ing board] SUPERINTENDENT pursuant to  the  provisions  of  subdivisions
three and four of this section.
  S 89. The functions and powers possessed by and all of the obligations
and  duties of the banking board, as established pursuant to the banking
law, shall be transferred and assigned to, assumed by and devolved  upon
the superintendent.
  S  90. Section 14 of the banking law, as amended by chapter 684 of the
laws of 1938, the opening paragraph, paragraphs (a), (d), (e),  and  (f)
of  subdivision  1  as amended by chapter 315 of the laws of 2008, para-
graphs (b) and (c) of subdivision 1 as amended by  chapter  652  of  the
laws  of 1988, paragraph (cc) of subdivision 1 as amended by chapter 115
of the laws of 1981, paragraph (g) of subdivision 1 as amended and para-
graphs (h), (i), (ii), (k), (m), (n), (o), (p), (q), and (qq) of  subdi-
vision  1  as relettered by   chapter 360 of the laws of 1984, paragraph
(i) of subdivision 1 as amended by chapter 766  of  the  laws  of  1975,
paragraph  (ii)  of subdivision 1 as added by chapter 226 of the laws of
1943, paragraphs (j) and (l) of subdivision 1 as amended by chapter  154
of  the laws of 2007, paragraph (s) of subdivision 1 as amended by chap-
ter 613 of the laws of 1993, paragraph (t) of subdivision 1 as separate-
ly relettered by chapters 360 and 789 of the laws of 1984 and  paragraph
(qq)  of  subdivision  1, as added by chapter 15 of the laws of 1980, is
amended to read as follows:

S. 2812--C                         44                         A. 4012--C

  S 14. [Powers of the banking board] ADDITIONAL POWERS  OF  THE  SUPER-
INTENDENT.    1.  For the purpose of effectuating the policy declared in
section ten of this article, WITHOUT LIMITING ANY OTHER POWERS THAT  THE
SUPERINTENDENT  IS  PERMITTED  BY  LAW  TO EXERCISE, the [banking board]
SUPERINTENDENT  shall have THE power[, by a three-fifths vote of all its
members,] to make, alter and  amend  [resolutions,]  ORDERS,  rules  and
regulations  not  inconsistent with law. Such ORDERS, rules[,] AND regu-
lations [and resolutions] shall be brought to  the  attention  of  those
affected  thereby  in  a  manner  [to be] prescribed by [the board] LAW.
Without limiting the foregoing power, [resolutions] ORDERS or  rules  or
regulations may be so adopted for the following specific purposes:
  (a)  To approve organization certificates and articles of association,
private bankers' certificates and applications of  foreign  corporations
for  licenses  to  do  business  in  this state, [submitted to it by the
superintendent] as provided in this article.
  (b) To determine the purposes for which and the extent to which  capi-
tal notes or debentures shall be considered and treated as capital stock
of  corporate  banking  organizations;  but  capital notes or debentures
shall not be considered or treated as capital stock for the purposes  of
sections one hundred ten and one hundred eleven of this chapter.
  (c) To grant permission to a trust company, including a national bank,
to  establish  one or more common trust funds upon application and after
inquiry concerning the qualifications of such trust company to  maintain
and  manage  the same, and to regulate the conduct and management of any
common trust fund and for such purpose, but not by way of limitation  of
the  foregoing  power,  to  prescribe (1) the records and accounts to be
kept of such common trust funds; (2) the procedure  to  be  followed  in
adding  moneys  to  or  withdrawing  moneys or investments from any such
common trust fund; (3) the methods  and  standards  to  be  employed  in
determining  the  value of such common trust funds and of the assets and
investments thereof; (4) the maximum amount of  moneys  of  any  estate,
trust  or  fund  which may be invested in any common trust fund; and (5)
the maximum proportionate share of any such common trust fund which  may
be apportioned to any estate, trust or fund; and in connection with such
powers  to classify the corporations maintaining such common trust funds
according to the population of the city, town or village  in  which  the
principal  offices  of such corporations are respectively located and to
prescribe the minimum total of  any  such  common  trust  fund  and  the
permissible limits of investment therein in accordance with such classi-
fication.
  (cc)  To  approve the incorporation by or on behalf of trust companies
and national banks with trust powers of a mutual trust investment compa-
ny to form a medium for the common investment of  funds  held  by  trust
companies,  including  national  banks, acting as executors, administra-
tors, guardians, inter-vivos or testamentary trustees or  committees  or
conservators  either  alone  or  with individual co-fiduciaries, and any
amendments of the certificate of  incorporation  of  such  mutual  trust
investment  company,  and to regulate the conduct and management of such
mutual trust investment company and for such purpose, but not by way  of
limitation  of  the  foregoing  power,  to prescribe (1) the records and
accounts to be kept by such mutual trust  investment  company;  (2)  the
procedure  to  be followed in the sale or redemption of stocks or shares
therein; (3) the methods and standards to be employed in determining the
value of such shares in the mutual  trust  investment  company  and  the
assets and investments thereof; and (4) the maximum proportionate shares

S. 2812--C                         45                         A. 4012--C

of  any such mutual trust investment company which may be apportioned or
sold to any one trust company or national bank.
  (d)  To  authorize  a bank or a trust company to invest in the capital
stock of, or any other equity interest in, any corporation, partnership,
unincorporated association, limited liability company, or  other  entity
not  included among the corporations or other entities for which invest-
ment in the capital stock or other equity interest is expressly  author-
ized by this chapter.
  (e)  To authorize a savings bank to invest in the capital stock, capi-
tal notes and debentures of a trust company  or  other  corporation,  as
provided in article six of this chapter.
  (f) To authorize a savings and loan association to invest in the capi-
tal  stock,  capital  notes  and  debentures of a trust company or other
corporation, as provided in article ten of this chapter.
  (g) To prescribe from time to time: (1) the rates  of  interest  which
may  be  paid  on  deposits  with  any banking organization and with any
branch or agency of a foreign banking corporation; and (2) the rates  of
dividends  which  may  be paid on shares of any savings and loan associ-
ation or credit union, and to prohibit the payment of such  interest  or
such dividends by any banking organization or by any branch of a foreign
banking  corporation.  Interest or dividend rates so prescribed need not
be uniform.
  (h) To limit and regulate withdrawals of deposits or shares  from  any
banking organization, if the [board] SUPERINTENDENT shall find that such
limitation  and  regulation  are  necessary  because of the existence of
unusual and extraordinary circumstances. [The  board  shall  enter  such
finding on its records.]
  (i)  To  prescribe  from  time to time reserves against deposits to be
maintained by banks and trust companies pursuant  to  article  three  of
this  chapter;  provided  that  no  reserve  requirement imposed [by the
board] against either time or demand deposits shall require any bank  or
trust  company  to  maintain total reserves in an amount greater than it
would be required to maintain if it were at the time  a  member  of  the
federal  reserve  system;  and provided further, however, that a bank or
trust company not a member of the federal reserve system may be  author-
ized  [by  the  board] to maintain total reserves against deposits in an
amount lower than the reserves required by article three of this chapter
to be maintained, either in individual cases or by  general  regulations
[of  the  board]  on  such  basis as the [board] SUPERINTENDENT may deem
reasonable or appropriate in view of the character of the business tran-
sacted by such bank or trust company.
  [(ii) To exempt from reserve requirements prescribed by or pursuant to
this chapter deposits payable to the United States by any banking organ-
ization arising solely as a result of subscriptions made by  or  through
any  such  banking  organization for United States government securities
issued under the authority of the second liberty bond act as amended.]
  (j) To grant permission to officers, directors, clerks or employees of
banks and trust companies to engage in the issue, flotation,  underwrit-
ing,  public  sale  or  distribution  at wholesale or retail, or through
syndicate participation of stocks, bonds or  other  similar  securities,
and to revoke such permission, both as provided in this chapter.
  (k)  To  prescribe  the methods and standards to be used (1) in making
the examinations provided for in this chapter, and (2)  in  valuing  the
assets of banking organizations.
  (l) To prescribe the form and contents of periodical reports of condi-
tion  to  be  rendered  to the superintendent by banks, trust companies,

S. 2812--C                         46                         A. 4012--C

private bankers and branches of foreign banking  corporations,  and  the
manner of publication of such reports.
  (m)  To  postpone  or  omit  the  calling for and rendering of reports
provided for by this chapter if the [board]  SUPERINTENDENT  shall  find
that such postponement or omission is necessary because of the existence
of  unusual and extraordinary circumstances. [The board shall enter such
finding on its records.]
  (n) To define what is an unsafe manner of conducting the  business  of
banking organizations.
  (o)  To  define what is a safe or unsafe condition of a banking organ-
ization.
  (p) To make variations from the requirements of this chapter, provided
such variations are in harmony with  the  spirit  of  the  law,  if  the
[board]  SUPERINTENDENT  shall  find  that such variations are necessary
because of the existence of  unusual  and  extraordinary  circumstances.
[The board shall enter such finding on its records.]
  (q)  To  establish safe and sound methods of banking and safeguard the
interests of depositors, creditors, shareholders and stockholders gener-
ally in times of emergency.
  (qq) To permit any banking organization, national banking association,
federal mutual savings bank, federal savings and  loan  association  and
federal  credit  union  to offer graduated payment mortgages which shall
conform to the provisions of section two  hundred  seventy-nine  of  the
real property law.
  (s)  To  permit  authorized lenders, as defined by section two hundred
eighty or two hundred eighty-a  of  the  real  property  law,  to  offer
reverse  mortgage loans which shall conform to the provisions of section
two hundred eighty or two hundred eighty-a of the real property law.
  [(t) To exercise any other power conferred upon the board by law.
  2. The board shall consider and make recommendations upon  any  matter
which  the superintendent may submit to it for recommendations, and pass
upon and determine any matter which he shall submit to it  for  determi-
nation.
  3.  The  board  shall  submit  to the superintendent proposals for any
amendments to this chapter which it deems desirable.]
  S 91. Whenever the term banking board shall appear in any  law,  regu-
lation,  contract or other document other than a section amended in this
act, such term shall be deemed to refer to the superintendent.  Whenever
the banking law authorizes the banking board to act by resolution,  with
or  without  a  recommendation of the superintendent, the superintendent
may act by determination or order.
  S 92. Section 15 of the banking law is REPEALED.
  S 93. Section 16 of the banking law is REPEALED.
  S 94. Section 9-q of the banking law is REPEALED.
  S 95. Section 6 of chapter 322 of the laws of 2007, amending the bank-
ing law relating to the power of banks, private  bankers,  trust  compa-
nies,  savings  banks,  savings and loan associations, credit unions and
foreign banking corporations to exercise the rights of  national  banks,
federal savings associations, federal credit unions and federal branches
and  agencies of foreign banks, as amended by chapter 122 of the laws of
2009, is amended to read as follows:
  S 6. This act shall take effect immediately;  provided,  however  that
sections  one, two, three and four of this act shall take effect Septem-
ber 1, 2007; and provided further that sections one, two, three and four
of this act shall expire and be deemed  repealed  September  10,  [2011]
2014;  and provided further that any federally permitted powers approved

S. 2812--C                         47                         A. 4012--C

under section three of this act shall remain in full force and effect on
and after such repeal date and shall not be affected by such repeal.
  S  95-a.    Section  7  of chapter 3 of the laws of 1997, amending the
banking law and the insurance law relating to  authorizing  the  banking
board  to  permit  banks  and  trust companies to exercise the rights of
national banks, as amended by chapter  122  of  the  laws  of  2009,  is
amended to read as follows:
  S  7. This act shall take effect immediately provided that section two
of this act shall take effect on the thirtieth day after it  shall  have
become  a  law and shall apply to violations prescribed in section 44 of
the banking law that occur on or after such date; and  provided  further
that  sections  one,  three,  four  and  five shall expire and be deemed
repealed September 10, [2011] 2014; and provided further that any  rules
and  regulations  promulgated  pursuant to sections one, three, four and
five shall remain in full force and effect on and after such  expiration
date and shall not be affected by such expiration date.
  S 96. Subdivision 2 of section 75-g of the banking law is REPEALED.
  S  97. Paragraph b of subdivision 19 of section 42 of the banking law,
as added by chapter 322 of the laws of  2007,  is  amended  to  read  as
follows:
  b.  [Every  recommendation to be made to the banking board pursuant to
subdivision four of  section  twelve-a  of  this  article,  which  shall
include  a  description  of the recommended federally permitted power, a
reference to the state chartered banking  institutions  which  shall  be
permitted  to  exercise  such  power, and the date of the meeting of the
banking board at which such recommendation is expected to be considered]
THE INTENTION OF THE SUPERINTENDENT TO ISSUE AN ORDER PURSUANT TO SUBDI-
VISION FOUR OF SECTION TWELVE-A OF THIS ARTICLE, WHICH SHALL  INCLUDE  A
DESCRIPTION OF THE PROPOSED FEDERALLY PERMITTED POWER AND A REFERENCE TO
THE  STATE-CHARTERED  BANKING  INSTITUTIONS  WHICH SHALL BE PERMITTED TO
EXERCISE SUCH POWER.
  S 98. Transfer of powers of the banking and insurance departments. The
functions and powers possessed by and all of the obligations and  duties
of the banking and insurance departments, as established pursuant to the
insurance  law, the banking law and other laws, shall be transferred and
assigned to, and assumed by and devolved upon, the department of  finan-
cial services.
  S  99.  Abolition  of  the  banking  and insurance departments and the
consumer protection board. Upon the transfer pursuant to this act of the
functions and powers possessed by and all of the obligations and  duties
of  the  banking  and  insurance departments and the consumer protection
board, as established pursuant to the banking law, the insurance law and
other laws, the banking  and  insurance  departments  and  the  consumer
protection board shall be abolished.
  S  100.  Continuity  of authority of the banking and insurance depart-
ments. Except as herein otherwise provided, upon the  transfer  pursuant
to  this  act  of  the functions and powers possessed by, and all of the
obligations and duties of, the  banking  and  insurance  departments  as
established  pursuant  to  the  banking law, the insurance law and other
laws, to the department of financial services as prescribed by this act,
for the purpose of succession, all functions, powers, duties  and  obli-
gations  of  the department of financial services shall be deemed and be
held to constitute the continuation of such  functions,  powers,  duties
and obligations and not a different agency.
  S  101.  Transfer  of records of the banking and insurance departments
and the consumer protection board. Upon the transfer  pursuant  to  this

S. 2812--C                         48                         A. 4012--C

act  of the functions and powers possessed by and all of the obligations
and duties of the banking and insurance  departments  and  the  consumer
protection  board as established pursuant to the banking law, the insur-
ance law and other laws, to the department of financial services and the
department  of  state,  as  appropriate,  as prescribed by this act, all
books, papers, records and property pertaining to the banking and insur-
ance departments and the consumer protection board shall be  transferred
to  and  maintained  by  the  department  of  financial services and the
department of state, as appropriate.
  S 102. Completion of unfinished business of the banking and  insurance
departments  and the consumer protection board. Upon the transfer pursu-
ant to this act of the functions and powers possessed by and all of  the
obligations  and duties of the banking and insurance departments and the
consumer protection board as established pursuant to  the  banking  law,
the  insurance  law  and  other  laws,  to  the  department of financial
services and the department of state, as appropriate, as  prescribed  by
this  act,  any  business or other matter undertaken or commenced by the
banking and insurance departments  and  the  consumer  protection  board
pertaining  to  or connected with the functions, powers, obligations and
duties so transferred  and  assigned  to  the  department  of  financial
services  and  the department of state, as appropriate, may be conducted
or completed by the department of financial services and the  department
of state, as appropriate.
  S  103.  Terms  occurring  in laws, contracts or other documents of or
pertaining to the banking and insurance  departments  and  the  consumer
protection  board.   Upon the transfer pursuant to this act of the func-
tions and powers possessed by and all of the obligations and  duties  of
the  banking and insurance departments and the consumer protection board
as established pursuant to the banking law, the insurance law and  other
laws,  as  prescribed  by  this  act, whenever the banking and insurance
departments and the superintendents thereof or the  consumer  protection
board and the chairperson and executive director thereof, the functions,
powers,  obligations  and duties of which are transferred to the depart-
ment of financial services and the department of state, as  appropriate,
are  referred to or designated in any law, regulation, contract or docu-
ment pertaining to the functions, powers, obligations and duties  trans-
ferred  and assigned pursuant to this act, such reference or designation
shall be deemed to refer to the department of financial services and its
superintendent or, as the case may be, the department of state  and  its
secretary.  In  the  case of any boards or other organizations where the
superintendents of both the banking department and the insurance depart-
ment both sit, the references or designations shall be deemed  to  refer
solely to the superintendent of the department of financial services.
  S 104. (a) Wherever the terms "insurance department" or "department of
insurance" appear in the insurance law, such terms are hereby changed to
"department of financial services".
  (b) Wherever the terms "banking department" or "department of banking"
appear  in the banking law, such terms are hereby changed to "department
of financial services".
  (c) Wherever the terms "insurance department", "department  of  insur-
ance",  "banking  department"  or "department of banking" appears in the
consolidated or unconsolidated laws of this state other than the banking
law or the insurance law, such terms are hereby changed  to  "department
of financial services".

S. 2812--C                         49                         A. 4012--C

  (d)  Wherever  the  term  "superintendent of insurance" appears in the
insurance law, such term is hereby changed to "superintendent of  finan-
cial services".
  (e) Wherever the term "superintendent of banks" appears in the banking
law,  such  term  is  hereby  changed  to  "superintendent  of financial
services".
  (f) Wherever the terms "superintendent of insurance"  or  "superinten-
dent  of  banks"  appears  in the consolidated or unconsolidated laws of
this state other than the banking law or the insurance law,  such  terms
are hereby changed to "superintendent of financial services".
  (g)  Wherever  the term "banking board" appears in the consolidated or
unconsolidated laws of this  state,  such  term  is  hereby  changed  to
"superintendent of financial services".
  (h)  The  legislative  bill  drafting commission is hereby directed to
effectuate this provision, and  shall  be  guided  by  a  memorandum  of
instruction  setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the  legislative  bill  drafting
commission  within sixty days of enactment of this provision. Such memo-
randum shall be issued jointly by the governor, the temporary  president
of  the  senate  and  the speaker of the assembly, or by the delegate of
each.
  S 105. Existing rights and remedies of or pertaining  to  the  banking
and  insurance departments and consumer protection board preserved. Upon
the transfer pursuant to this act of the functions and powers  possessed
by  and  all  of the obligations and duties of the banking and insurance
departments and of the consumer protection board as established pursuant
to the banking law, the insurance law and other laws, to the  department
of  financial  services  and the department of state, as appropriate, as
prescribed by this act, no  existing  right  or  remedy  of  the  state,
including  the banking and insurance departments and consumer protection
board, shall be lost, impaired or affected by reason of this act.
  S 106. Pending actions and proceedings of or pertaining to the banking
or insurance departments or the consumer protection  board.    Upon  the
transfer  pursuant  to this act of the functions and powers possessed by
and all of the obligations and  duties  of  the  banking  and  insurance
departments and the consumer protection board as established pursuant to
the  banking law, the insurance law and other laws, to the department of
financial services and the  department  of  state,  as  appropriate,  as
prescribed by this act, no action or proceeding pending on the effective
date of this act, brought by or against the banking or insurance depart-
ments  or  the  superintendents thereof or the consumer protection board
and the chairperson and executive director thereof shall be affected  by
any provision of this act, but the same may be prosecuted or defended in
the  name of the New York state department of financial services and the
department  of  state,  as  appropriate.    In  all  such  actions   and
proceedings, the New York state department of financial services and the
department  of  state,  as  appropriate,  upon application to the court,
shall be substituted as a party.
  S 107. Continuation of rules and regulations of or pertaining  to  the
banking  and  insurance  departments  and the consumer protection board.
Upon the transfer pursuant to this  act  of  the  functions  and  powers
possessed  by  and  all  the  obligations  and duties of the banking and
insurance departments and the consumer protection board  as  established
pursuant  to  the  banking law, the insurance law and other laws, to the
department of financial services and the department of state, as  appro-
priate, as prescribed by this act, all rules, regulations, acts, orders,

S. 2812--C                         50                         A. 4012--C

determinations,  decisions,  licenses, registrations and charters of the
banking and insurance departments and  the  consumer  protection  board,
pertaining  to the functions transferred and assigned by this act to the
department  of financial services and the department of state, as appro-
priate, in force at the time of such transfer, assignment, assumption or
devolution shall continue in force and  effect  as  rules,  regulations,
acts,  determinations  and  decisions  of  the  department  of financial
services and department of state, as appropriate, until duly modified or
repealed.
  S 108. Transfer of appropriations heretofore made to the  banking  and
insurance  departments  and  the  consumer  protection board.   Upon the
transfer pursuant to this act of the functions and powers  possessed  by
and  all  of  the  obligations  and  duties of the banking and insurance
departments and the consumer protection board as established pursuant to
the banking law, the insurance law and other laws, to the department  of
financial  services  and  the  department  of  state, as appropriate, as
prescribed by this act, all appropriations  and  reappropriations  which
shall  have  been  made available as of the date of such transfer to the
banking  department  or  the  insurance  department  or   the   consumer
protection board or segregated pursuant to law, to the extent of remain-
ing  unexpended  or  unencumbered balances thereof, whether allocated or
unallocated and whether obligated or unobligated, shall  be  transferred
to  and  made  available  for  use  and expenditure by the department of
financial services and the department  of  state,  as  appropriate,  and
shall  be  payable on vouchers certified or approved by the commissioner
of taxation and finance,  on  audit  and  warrant  of  the  comptroller.
Payments  of liabilities for expenses of personnel services, maintenance
and operation which shall have been incurred as  of  the  date  of  such
transfer  by  the  banking  and  insurance  departments  or the consumer
protection board, and for liabilities incurred and  to  be  incurred  in
completing  its  affairs  shall  also  be  made on vouchers certified or
approved by the superintendent of financial services, and the  secretary
of state, as appropriate, on audit and warrant of the comptroller.
  S  109. Transfer of employees.  Upon the transfer pursuant to this act
of the functions and powers possessed by and all of the obligations  and
duties  of  the  banking  and  insurance  departments  and  the consumer
protection board as established pursuant to the banking law, the  insur-
ance law and other laws, to the department of financial services and the
department  of  state,  as  appropriate,  as  prescribed  by  this  act,
provision shall be made for the transfer of all employees from the bank-
ing department and the  insurance  department  into  the  department  of
financial  services, and provision shall be made for the transfer of all
employees from the consumer protection board to the department of state.
Employees so transferred shall be transferred without  further  examina-
tion  or qualification to the same or similar titles and shall remain in
the same collective bargaining units and shall retain  their  respective
civil  service  classifications,  status  and  rights  pursuant to their
collective bargaining units and collective bargaining agreements.
  S 110. No later than the effective date of this section, the  director
of  the  budget  shall  notify  the  superintendent  of the level of the
department's expenses that will be incurred for the fiscal  year  begin-
ning  April first, two thousand eleven related to the department's regu-
lation and supervision of the state's banking and insurance  industries.
Such  notification  shall  separately  detail  the department's level of
expenses to be incurred with respect to the regulation  and  supervision
of  the  banking  industry,  the  department's  level  of expenses to be

S. 2812--C                         51                         A. 4012--C

incurred for regulation and supervision of the insurance  industry,  and
the  department's  level  of general expenses that are allocable to both
the insurance and banking industries.  The superintendent  shall  subse-
quently  employ  the  provisions of section seventeen of the banking law
and section three hundred thirty-two of the insurance law to assess  the
department's  incurred costs in order to appropriately charge persons or
entities that are licensed, registered, organized, authorized,  incorpo-
rated  or otherwise formed pursuant to the provisions of the banking law
or insurance law.
  S 111. Coordination of services. In an effort to create  greater  cost
efficiencies  and cost savings, the superintendent of financial services
shall coordinate administrative, clerical and human resource  functions,
or  any  other  resources  and  functions,  including but not limited to
office space and materials and supplies in accordance with the  transfer
of powers set forth in this act.
  S  112.  Provision for nomination of superintendent.  Upon or prior to
the effective date of section one of this act, the governor shall  nomi-
nate  an individual to serve as superintendent of financial services. If
such individual is confirmed by the senate prior to such effective date,
he or she shall become the superintendent of financial  services  as  of
the effective date of section one of this act.  Any individual nominated
by the governor to become the first superintendent of financial services
may  serve  as  acting  superintendent beginning on such effective date,
until such time as a vote for confirmation is taken by  the  senate.  No
individual  nominated  to  serve as superintendent of financial services
shall serve as superintendent, or continue to  serve  as  acting  super-
intendent,  if  the  senate  has  voted not to confirm such individual's
nomination.
  S 113. Severability. If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 114. This act shall take effect April 1,  2011;  provided,  however,
that:
  (a)  sections one through fourteen, seventeen through nineteen, fifty-
six, sixty-three, sixty-seven, seventy-eight through eighty-five,  nine-
ty, ninety-one through ninety-three, ninety-eight, one hundred four, one
hundred ten and one hundred eleven of this act shall take effect October
3,  2011,  except  that  section  205-a of the financial services law as
added by section one of this act shall take effect immediately;
  (b) sections fifteen and sixteen of this act shall take  effect  April
1, 2012;
  (c)  any  officer  or employee of the department of financial services
whose holdings as of the close of business on March  31,  2011  conflict
with  section 501 of the financial services law, as added by section one
of this act, shall have until October 3, 2012 to dispose of non-conform-
ing holdings  or  otherwise  bring  such  non-conforming  holdings  into
compliance with such section 501;
  (d)  the amendments to section 2803-s of the public health law made by
section forty-six of this act shall take effect on the same date and  in
the same manner as chapter 539 of the laws of 2010, takes effect;
  (e)  section  205-b  of the financial services law as added by section
one of this act shall expire October 3, 2016, when upon  such  date  the
provisions of such section shall be deemed repealed;

S. 2812--C                         52                         A. 4012--C

  (f) the amendments to subdivisions 3, 4, 5, 7, 8 and 9 of section 12-a
of  the  banking  law made by section eighty-eight of this act shall not
affect the repeal of such section and shall be  deemed  repealed  there-
with;
  (g)  the  amendments to paragraph b of subdivision 19 of section 42 of
the banking law made by section  ninety-seven  of  this  act  shall  not
affect the repeal of such subdivision and shall be deemed repealed ther-
ewith;
  (h)  the  memorandum  provided  for in section one hundred four may be
prepared before the effective date of such  section,  provided  that  it
shall not be implemented until such effective date; and
  (i)  whenever  the term "superintendent of financial services" appears
in any provision of this act effective before October 3, 2011, it  shall
refer to the superintendent of banks.

                                 PART B

  Intentionally omitted.

                                 PART C

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as  Subparts A and B. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart.  Any  provision  in  any  section  contained  within  a
Subpart,  including  the  effective  date  of the Subpart, which makes a
reference to a section "of this act", when used in connection with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found.  Section three  of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section  1.  Legislative intent.  In 1996, the legislature changed the
penal law  to  include  as  an  express  purpose  of  imprisonment,  the
promotion  of  inmates'  successful and productive reentry into society.
Toward this end, many new responsibilities  have  been  placed  on  both
corrections  officials  and  parole officials to ready inmates for their
release into the community such as: obtaining their  birth  certificates
and  social security cards prior to release, preparing Medicaid applica-
tions as warranted, securing identification cards from the department of
motor vehicles, and providing them with  voter  registration  forms.  In
addition,  transitional  services programs have now become mandatory for
all inmates. Transition accountability plans will be developed for  each
inmate,  starting with their time in general confinement and culminating
with the inmate's successful reintegration into the community.  Further-
more, direct linkages with local agencies  have  been  greatly  enhanced
with the creation of Re-entry Task Forces throughout the state.
  As  a result of the evolution of the sentencing structure and focus on
reentry the historical separation  of  the  department  of  correctional
services  and  the division of parole is no longer warranted. In view of
the commonality of purpose governing the fundamental  missions  of  both
agencies,  a  single  new  state agency should be created to oversee the
combined responsibilities of both and, in effect, provide for a seamless

S. 2812--C                         53                         A. 4012--C

network for the care, custody, treatment and supervision  of  a  person,
from  the  day a sentence of state imprisonment commences, until the day
such person is discharged from supervision in the  community.  This  not
only  will  enhance  public  safety by achieving better outcomes for the
greatest number of individuals being released from prison, but also will
allow for  greater  efficiencies  and  the  elimination  of  duplicative
responsibilities, thus resulting in significant savings for the state.
  However,  it  is  not  the  intent of the legislature in enacting this
merger, to diminish in any way the significant roles  corrections  offi-
cers and parole officers serve in the criminal justice system, and it is
not  to  imply that they are interchangeable. The purpose of this legis-
lation is to recognize where the mission of both entities is similar and
that by combining the administrations of each, not only can fiscal effi-
ciencies be achieved but also that services can be provided on a contin-
uum rather than an abrupt transfer of responsibility.
  It is fundamental that the board of parole  retain  its  authority  to
make  release decisions based on the board members' independent judgment
and application of statutory criteria as  well  as  decisions  regarding
revocations  of  release.  To this end, the legislation makes clear that
the board shall continue to exercise its independence when  making  such
decisions.    The  new agency's provision of administrative support will
not undermine the board's independent decision-making authority.
  S 1-a. Subdivisions 1, 2 and 18 of section 2 of  the  correction  law,
subdivisions  1  and  2 as separately amended by chapters 475 and 476 of
the laws of 1970 and subdivision 18 as amended by section 1 of part  AAA
of  chapter 56 of the laws of 2009, are amended and a new subdivision 31
is added to read as follows:
  1. "Department" means the state department of [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION;
  2.  "Commissioner"  means  the  state  commissioner  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION;
  18. "Alcohol and substance  abuse  treatment  correctional  annex."  A
medium security correctional facility consisting of one or more residen-
tial  dormitories,  which  provide intensive alcohol and substance abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in six months of being an eligible inmate as that  term  is  defined  in
subdivision  two  of  section  eight  hundred  fifty-one of this chapter
including such inmates who are participating in such program pursuant to
subdivision six of section 60.04 of the penal law.  Notwithstanding  the
foregoing  provisions  of this subdivision, any inmate to be enrolled in
this program pursuant to subdivision six of section 60.04 of  the  penal
law  shall  be governed by the same rules and regulations promulgated by
the department, including without limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing discipline and removal from the program.  No  such  period  of
court  ordered  corrections  based drug abuse treatment pursuant to this
subdivision shall be required to extend beyond  the  defendant's  condi-
tional  release  date. Such treatment services may be provided by one or
more outside service providers pursuant to contractual  agreements  with
[both]  the  department [and the division of parole], provided, however,
that any such provider shall be required to continue to provide,  either
directly  or  through formal or informal agreement with other providers,
alcohol and substance abuse  treatment  services  to  inmates  who  have
successfully  participated  in  such  provider's incarcerative treatment

S. 2812--C                         54                         A. 4012--C

services and who have been PRESUMPTIVELY RELEASED, paroled [or],  condi-
tionally  released  OR  RELEASED  TO  POST RELEASE SUPERVISION under the
supervision of the [division of parole] DEPARTMENT and  who  are,  as  a
condition  of  [their  parole  or conditional] SUCH release, required to
participate in alcohol or substance abuse treatment. Such  incarcerative
services  shall  be  provided in the facility in accordance with minimum
standards promulgated by the  department  after  consultation  with  the
office  of  alcoholism  and  substance  abuse services. Such services to
parolees shall be provided in accordance with standards  promulgated  by
the  [division  of parole] DEPARTMENT after consultation with the office
of alcoholism and substance abuse services.  Notwithstanding  any  other
provision of law, any person who has successfully completed no less than
six  months  of intensive alcohol and substance abuse treatment services
in one of the department's eight designated alcohol and substance  abuse
treatment  correctional  annexes having a combined total capacity of two
thousand five hundred fifty beds may be transferred to a  program  oper-
ated by or at a residential treatment facility, provided however, that a
person under a determinate sentence as a second felony drug offender for
a  class  B  felony offense defined in article two hundred twenty of the
penal law, who was sentenced pursuant to  section  70.70  of  such  law,
shall not be eligible to be transferred to a program operated at a resi-
dential  treatment facility until the time served under imprisonment for
his or her determinate sentence, including any jail time credited pursu-
ant to subdivision three of section 70.30 of the penal law, shall be  at
least  nine months. The commissioner shall report annually to the tempo-
rary president of the senate and the speaker of the assembly  commencing
January  first,  [nineteen hundred ninety-two as to the efficacy of such
programs including but not limited to a comparative analysis  of  state-
operated and private sector provision of treatment services and recidiv-
ism.  Such  report shall also include] TWO THOUSAND TWELVE the number of
inmates received by the department during the reporting period  who  are
subject  to  a  sentence  which  includes  enrollment in substance abuse
treatment in accordance with subdivision six of  section  60.04  of  the
penal  law, the number of such inmates who are not placed in such treat-
ment program and the reasons for such occurrences.
  31. "COMMUNITY  SUPERVISION"  MEANS  THE  SUPERVISION  OF  INDIVIDUALS
RELEASED  INTO  THE COMMUNITY ON TEMPORARY RELEASE, PRESUMPTIVE RELEASE,
PAROLE, CONDITIONAL RELEASE, POST RELEASE SUPERVISION OR MEDICAL PAROLE.
  S 2. Subdivision 18 of section 2 of the correction law, as amended  by
chapter 738 of the laws of 2004, is amended to read as follows:
  18. "Alcohol  and  substance  abuse  treatment  correctional annex." A
medium security correctional facility consisting of one or more residen-
tial dormitories which provide intensive  alcohol  and  substance  abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in  six  months  of  being an eligible inmate as that term is defined in
subdivision two of section  eight  hundred  fifty-one  of  this  chapter
including such inmates who are participating in such program pursuant to
subdivision  six of section 60.04 of the penal law.  Notwithstanding the
foregoing provisions of this subdivision, any inmate to be  enrolled  in
this  program  pursuant to subdivision six of section 60.04 of the penal
law shall be governed by the same rules and regulations  promulgated  by
the department, including without limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing  discipline  and  removal  from the program. No such period of

S. 2812--C                         55                         A. 4012--C

court ordered corrections based drug abuse treatment  pursuant  to  this
subdivision  shall  be  required to extend beyond the defendant's condi-
tional release date. Such treatment services may be provided by  one  or
more  outside  service providers pursuant to contractual agreements with
[both] the department [and the division of parole],  provided,  however,
that  any such provider shall be required to continue to provide, either
directly or through formal or informal agreement with  other  providers,
alcohol  and  substance  abuse  treatment  services  to inmates who have
successfully participated in  such  provider's  incarcerative  treatment
services  and who have been PRESUMPTIVELY RELEASED, paroled [or], condi-
tionally released OR RELEASED TO  POST  RELEASE  SUPERVISION  under  the
supervision  of  the  [division  of parole] DEPARTMENT and who are, as a
condition of [their parole or conditional]  SUCH  release,  required  to
participate  in alcohol or substance abuse treatment. Such incarcerative
services shall be provided in the facility in  accordance  with  minimum
standards  promulgated  by  the  department  after consultation with the
office of alcoholism and substance  abuse  services.  Such  services  to
parolees  shall  be provided in accordance with standards promulgated by
the [division of parole] DEPARTMENT after consultation with  the  office
of  alcoholism  and  substance  abuse  services.  The commissioner shall
report annually to the majority leader of the senate and the speaker  of
the  assembly  commencing January first, [nineteen hundred ninety-two as
to the efficacy of such programs including but not limited to a  compar-
ative  analysis of state-operated and private sector provision of treat-
ment services and recidivism. Such report shall also include] TWO  THOU-
SAND  TWELVE the number of inmates received by the department during the
reporting period who are subject to a sentence which includes enrollment
in substance abuse treatment  in  accordance  with  subdivision  six  of
section  60.04  of the penal law, the number of such inmates who are not
placed in such treatment program and the reasons for such occurrences.
  S 3. The article heading of  article  2  of  the  correction  law,  as
amended  by  chapter  475  of  the  laws  of 1970, is amended to read as
follows:
       DEPARTMENT OF [CORRECTIONAL SERVICES; STATE BOARD OF PAROLE]
                             CORRECTIONS AND
                          COMMUNITY SUPERVISION
  S 4. Section 5 of the correction law, as added by chapter 475  of  the
laws of 1970, subdivision 4 as added by chapter 547 of the laws of 1995,
subdivision  5  as added by chapter 448 of the laws of 2000 and subdivi-
sion 6 as added by chapter 7 of the laws of 2007, is amended to read  as
follows:
  S  5.  Department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION; commissioner. 1. There shall be in the state  government  a
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION. The head of the department shall be the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION,  who  shall  be
appointed  by  the  governor,  by and with the advice and consent of the
senate, and hold office at the pleasure of the governor by whom  he  was
appointed and until his successor is appointed and has qualified.
  2.  The commissioner of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION shall be the chief executive officer of the department.
  3. The principal office of the department of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION shall be in the county of Albany.
  4.  The commissioner is hereby authorized and empowered to convert the
sentence of a person serving an indeterminate sentence of  imprisonment,
except a person serving a sentence with a maximum term of life imprison-

S. 2812--C                         56                         A. 4012--C

ment,  to  a determinate sentence of imprisonment equal to two-thirds of
the maximum or aggregate maximum term imposed where such  conversion  is
necessary  to  make  such person eligible for transfer either to federal
custody  or  to  foreign  countries  under treaties that provide for the
voluntary transfer of such persons on the execution of  penal  sentences
entered  into  by the government of the United States with foreign coun-
tries.
  5. The commissioner upon  request,  may  in  his  or  her  discretion,
authorize  the  purchase  and presentation of a flag of the state of New
York to the person designated to dispose of the remains  of  a  deceased
correction officer OR PAROLE OFFICER.
  6. The commissioner shall have the discretion to enter into agreements
with  the  commissioner  of  mental health for the provision of security
services relating to article ten of the mental hygiene law.
  S 5. Section 7 of the correction law, as amended by chapter 519 of the
laws of 1980, and subdivision 4 as added by chapter 35 of  the  laws  of
1984, is amended to read as follows:
  S 7. Organization of department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION; officers and employees; delegation by commis-
sioner.  1.  The commissioner of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION may, from time to time, create, abolish,  transfer
and consolidate divisions, bureaus and other units within the department
not  expressly  established  by law as he OR SHE may determine necessary
for the efficient operation of the department, subject to  the  approval
of the director of the budget.
  2.  The commissioner of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION may appoint such deputies,  directors,  assistants  and
other officers and employees as may be needed for the performance of his
OR  HER  duties  and may prescribe their powers and duties and fix their
compensation within the amounts appropriated therefor.
  3. The commissioner may by order filed in the department  of  [correc-
tional  services]  CORRECTIONS AND COMMUNITY SUPERVISION delegate any of
his OR HER powers to or direct any of his OR HER duties to be  performed
by  a  deputy  commissioner  or  a  head of a division or bureau of such
department.
  4. The commissioner shall not appoint any person as a correction offi-
cer OR PAROLE OFFICER, unless such person has attained his  twenty-first
birthday.
  S  6.  Section 8 of the correction law, as added by chapter 887 of the
laws of 1983, subdivision 2 as amended by chapter 338  of  the  laws  of
1984,  subdivisions 3, 6, and 7 as amended by chapter 354 of the laws of
1986, and subdivision 4 as amended by chapter 205 of the laws  of  2002,
is amended to read as follows:
  S  8.  Testing  of certain applicants for employment. 1. Any applicant
for employment with the department as a correction officer at a facility
of the department, shall be tested in accordance with  the  requirements
of this section.
  2.  The  department  is hereby authorized to conduct, or to enter into
agreements necessary for conducting tests for psychological screening of
applicants covered by this section. Any such tests shall consist  of  at
least  three  independent  psychological  instruments and shall meet the
level of the art for psychological instruments to be  used  in  a  vali-
dation study developed for selection of such applicants. Such psycholog-
ical  instruments  shall  be used in testing and selection of applicants
for positions referred to in subdivision one of this section.    Persons
who  have  been  determined by a psychologist licensed under the laws of

S. 2812--C                         57                         A. 4012--C

this state as suffering  from  psychotic  disorders,  serious  character
disorders,  or other disorders which could hinder performance on the job
may be deemed ineligible for appointment; provided, however, that  other
components of the employee selection process may be taken into consider-
ation  in reaching the determination as to whether a candidate is deemed
eligible or ineligible for certification to a list  of  eligible  candi-
dates.  The  department's  testing  program  shall  include  a component
consisting of  criteria  related  validity  studies  or  other  validity
studies  acceptable  under  relevant federal law governing equal employ-
ment.
  3. The commissioner or his OR HER designee shall advise  those  candi-
dates who have been deemed ineligible for appointment through psycholog-
ical  screening  and  shall notify such persons of their right to appeal
their disqualification. A person so deemed may apply to the commissioner
for a review of the findings within thirty days of the date of notifica-
tion.  The commissioner shall refer the matter to an  independent  advi-
sory  board to review any recommendation. A copy of the advisory board's
recommendations shall be promptly forwarded to the parties  and  to  the
commissioner.  If the advisory board's recommendation is rejected by the
commissioner, wholly or in part, the commissioner shall state his OR HER
reasons for such rejection in writing.
  4. The advisory board shall consist of  three  members  who  shall  be
selected  by  the president of the civil service commission. The member-
ship of the board shall consist of: A  psychologist[,]  and  a  psychia-
trist,  both of whom shall be licensed under the laws of this state, and
a third member who shall be a representative of the department of  civil
service. The department of civil service shall maintain a list of alter-
nate   board  members  comprised  of  psychologists  and  psychiatrists,
licensed under the laws of this state, and representatives nominated  by
the  president  of  the  civil  service commission, who shall sit on the
advisory board in the event a designated  member  is  unable  to  serve,
provided,  however,  THAT  at  all  times  the  advisory  board  must be
comprised of a psychiatrist, a psychologist and a representative of  the
department  of  civil service. Each of the members of the advisory board
and their alternates so selected shall serve  at  the  pleasure  of  the
president  of  the  civil  service  commission.  Each of the members and
alternates so selected shall be reimbursed for services and actual costs
at a per diem rate not to exceed nine hundred dollars for  the  psychia-
trist,  seven  hundred  dollars  for  the  psychologist  and six hundred
dollars  for  the  representative  of  the  civil  service   department;
provided,  however,  that  if any member of or alternate to the advisory
board is an employee of the state of New York, then such  representative
shall only receive reimbursement for actual costs incurred.
  5. The commissioner or his OR HER designee shall advise the department
of  civil  service  of those persons who have been determined under this
section as being eligible for appointment  from  any  list  of  eligible
candidates.
  6.  Notwithstanding  any  other  provision  of law, the results of the
tests administered pursuant to this section shall be used solely for the
qualification of a candidate for correction officer and  the  validation
of  the  psychological instruments utilized. For all other purposes, the
results of the examination shall be confidential and the records  sealed
by  the  department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION, and not be available to any other agency or  person  except
by  authorization of the applicant or, upon written notice by order of a
court of this state or the United States.

S. 2812--C                         58                         A. 4012--C

  7. Prior to March first of each year, the commissioner of the  depart-
ment  of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION
will report to the governor, president of the senate and speaker of  the
assembly  on  the  conduct  of the psychological testing program and the
results  of  such program in improving the quality of correction officer
candidates.
  S 7. Intentionally omitted.
  S 8. The correction law is amended by adding a new section 10 to  read
as follows:
  S  10. PAROLE OFFICERS. 1. EMPLOYEES IN THE DEPARTMENT WHO PERFORM THE
DUTIES OF SUPERVISING INMATES RELEASED ON COMMUNITY SUPERVISION SHALL BE
PAROLE OFFICERS.
  2. NO PERSON SHALL BE ELIGIBLE FOR THE POSITION OF PAROLE OFFICER  WHO
IS UNDER TWENTY-ONE YEARS OF AGE OR WHO DOES NOT POSSESS A BACCALAUREATE
DEGREE  CONFERRED  BY  A  POST-SECONDARY  INSTITUTION  ACCREDITED  BY AN
ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES OFFICE OF  EDUCATION,
OR  WHO  IS  NOT  FIT  PHYSICALLY,  MENTALLY AND MORALLY. PAROLE OFFICER
SELECTION SHALL BE BASED ON DEFINITE  QUALIFICATIONS  AS  TO  CHARACTER,
ABILITY AND TRAINING WITH AN EMPHASIS ON CAPACITY AND ABILITY TO PROVIDE
A BALANCED APPROACH TO INFLUENCING HUMAN BEHAVIOR AND TO USE JUDGMENT IN
THE  ENFORCEMENT  OF THE RULES AND REGULATIONS OF COMMUNITY SUPERVISION.
PAROLE OFFICERS SHALL BE PERSONS LIKELY TO EXERCISE A STRONG AND HELPFUL
INFLUENCE UPON PERSONS PLACED UNDER THEIR  SUPERVISION  WHILE  RETAINING
THE GOAL OF PROTECTING SOCIETY.
  3.  THE  COMMISSIONER,  ACTING  IN  COOPERATION WITH THE CIVIL SERVICE
COMMISSION, SHALL ESTABLISH STANDARDS, PRELIMINARY REQUISITES AND REQUI-
SITES TO GOVERN THE SELECTION AND APPOINTMENT OF PAROLE OFFICERS.
  4. A PAROLE OR WARRANT OFFICER, IN  PERFORMING  OR  IN  ATTEMPTING  TO
PERFORM  AN ARREST PURSUANT TO AND IN CONFORMANCE WITH THE PROVISIONS OF
ARTICLE ONE HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW, SHALL BE DEEMED
TO HAVE PERFORMED SUCH ACTIONS, RELATING TO SUCH ARREST, IN  THE  COURSE
OF EMPLOYMENT IN THE DEPARTMENT FOR PURPOSES OF DISABILITY OR DEATH FROM
ANY INJURIES ARISING THEREFROM. THE PROVISIONS OF THIS SUBDIVISION SHALL
APPLY  WHETHER OR NOT SUCH PAROLE OR WARRANT OFFICER WAS ON DUTY FOR THE
DEPARTMENT AT THE TIME OF PERFORMING  SUCH  ACTIONS  OR  PERFORMED  SUCH
ACTIONS OUTSIDE OF HIS OR HER REGULAR OR USUAL DUTIES WITHIN THE DEPART-
MENT.
  S 9. Intentionally omitted.
  S  10.  Section 18 of the correction law, as amended by chapter 708 of
the laws of 1984 and subdivision 1 as amended by chapter 306 of the laws
of 1985, is amended to read as follows:
  S 18. Superintendents of correctional facilities.  1. Each correction-
al facility shall have a superintendent who shall be  appointed  by  the
commissioner  [of correctional services]. Each such superintendent shall
be in the non-competitive-confidential class but shall be appointed from
employees of the department who have at least three years of  experience
in  correctional  work  in  the  department and (i) who have a permanent
civil service appointment of salary grade twenty-seven or higher or  who
have a salary equivalent to a salary grade of twenty-seven or higher for
correctional  facilities  with  an  inmate  population  capacity of four
hundred or more inmates, or (ii) who  have  a  permanent  civil  service
appointment  of salary grade twenty-three or higher or who have a salary
equivalent to a salary grade of twenty-three or higher for  correctional
facilities with an inmate population capacity of fewer than four hundred
inmates;  provided  that for correctional facilities of either capacity,
the employee shall be appointed superintendent at the  hiring  rate  set

S. 2812--C                         59                         A. 4012--C

forth  in  section nineteen of this article or such other rate as may be
appropriate, subject to the approval of  the  director  of  the  budget;
provided  that  in no event shall the salary upon appointment exceed the
job  rate.    Such  superintendents  shall  serve at the pleasure of the
commissioner  and  shall  have  such  other  qualifications  as  may  be
prescribed  by  the  commissioner  [of  correctional services], based on
differences in duties, levels of responsibility, size and  character  of
the correctional facility, knowledge, skills and abilities required, and
other factors affecting the position.
  2.  Subject  to the rules and statutory powers of the commissioner [of
correctional services], or rules approved by him OR HER, the superinten-
dent of a correctional facility shall have the supervision  and  manage-
ment thereof.
  3.  Subject  to  the  direction  of  the commissioner [of correctional
services], and of  the  deputy  and  assistant  commissioners  in  their
respective  fields  of supervision, the superintendent of a correctional
facility shall direct the work and define the duties of all officers and
subordinates of the facility.
  S 11. Subdivision 1 of section 24 of the correction law, as  added  by
chapter 283 of the laws of 1972, is amended to read as follows:
  1.  No civil action shall be brought in any court of the state, except
by the attorney general on behalf of the state, against any  officer  or
employee  of  the  department,  WHICH FOR PURPOSES OF THIS SECTION SHALL
INCLUDE MEMBERS OF THE STATE BOARD OF PAROLE, in  his  OR  HER  personal
capacity,  for  damages  arising  out  of any act done or the failure to
perform any act within the scope of the employment and in the  discharge
of the duties by such officer or employee.
  S 12. Section 29 of the correction law, as added by chapter 654 of the
laws  of  1974,  subdivision  1 as amended by chapter 598 of the laws of
1990 and subdivision 4 as amended by section 1 of part R of  chapter  56
of the laws of 2005, is amended to read as follows:
  S  29.  Department  statistics.  1.  The  department shall continue to
collect, maintain, and analyze statistical  and  other  information  and
data  with respect to persons subject to the jurisdiction of the depart-
ment, including but not limited to: (a)  the  number  of  such  persons:
placed  in the custody of the department, assigned to a specific depart-
ment program, accorded  [temporary  release,  paroled  or  conditionally
released,  paroled  or conditionally released] COMMUNITY SUPERVISION and
declared delinquent, recommitted to  a  state  correctional  institution
upon   revocation   of   [parole   or   conditional  release]  COMMUNITY
SUPERVISION,  or  [discharge]  DISCHARGED  upon  maximum  expiration  of
sentence;  (b)  the  criminal  history  of such persons; (c) the social,
educational, and vocational circumstances of any such persons; and,  (d)
the institutional[, parole and conditional release] AND COMMUNITY SUPER-
VISION  programs and THE behavior of such persons. Provided, however, in
the event any statistical information on the ethnic  background  of  the
inmate  population of a correctional facility or facilities is collected
by the department, such statistical information shall contain,  but  not
be  limited  to,  the  following  ethnic categories: (i) Caucasian; (ii)
Asian; (iii) American Indian; (iv) Afro-American/Black; and (v)  Spanish
speaking/Hispanic  which  category shall include, but not be limited to,
the following  subcategories  consisting  of:  (1)  Puerto  Ricans;  (2)
Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
  2.  The commissioner [of correctional services] shall make rules as to
the privacy of records,  statistics  and  other  information  collected,
obtained and maintained by the department, its institutions or the board

S. 2812--C                         60                         A. 4012--C

of  parole and information obtained in an official capacity by officers,
employees or members thereof.
  3.  The  commissioner  [of correctional services] shall have access to
records and criminal statistics collected by the  division  of  criminal
justice services and the commissioner of criminal justice services shall
have  access to records and criminal statistics collected by the depart-
ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
as   the   [commissioners]   COMMISSIONER   of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and THE COMMISSIONER  OF  criminal
justice services shall mutually determine.
  4. The commissioner [of the department of correctional services] shall
provide  an  annual  report  to  the  legislature  on  the  staffing  of
correction officers  and  correction  sergeants  in  state  correctional
facilities. Such report shall include, but not be limited to the follow-
ing  factors:  the number of security posts on the current plot plan for
each facility that have been closed on a daily  basis,  by  correctional
facility  security  classification  (minimum,  medium  and maximum); the
number of security positions eliminated by correctional  facility  since
two thousand compared to the number of inmates incarcerated in each such
facility;  a  breakdown by correctional facility security classification
(minimum, medium, and maximum) of the staff hours of overtime worked, by
year since two thousand and the annual aggregate costs related  to  this
overtime.  In  addition, such report shall be delineated by correctional
facility security classification, the annual number  of  security  posi-
tions  eliminated,  the number of closed posts and amount of staff hours
of overtime accrued as well as the overall  overtime  expenditures  that
resulted.  Such  report  shall  be  provided to the chairs of the senate
finance, assembly ways and  means,  senate  crime  and  corrections  and
assembly correction committees by December thirty-first.
  S 13. Subdivision 3 of section 40 of the correction law, as amended by
chapter 309 of the laws of 1996, is amended to read as follows:
  3. "Correctional facility" means any institution operated by the state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, any local correctional facility, or any place used, pursuant  to
a  contract  with  the  state  or  a  municipality, for the detention of
persons charged with or convicted of a crime, or,  for  the  purpose  of
this article only, a secure facility operated by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  S  14.  Paragraph 5 of subdivision (a) of section 42 of the correction
law, as added by chapter 865 of the laws of 1975, is amended to read  as
follows:
  5.  No appointed member of the council shall qualify or enter upon the
duties of his office, or remain therein,  while  he  is  an  officer  or
employee  of  the  department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or any correctional facility or is in  a  position
where  he  exercises  administrative  supervision  over any correctional
facility. The council shall have such staff as  shall  be  necessary  to
assist  it  in  the  performance  of its duties within the amount of the
appropriation therefor as determined by the chairman of the commission.
  S 15. Subdivision 4 of section 45 of the correction law, as  added  by
chapter 865 of the laws of 1975, is amended to read as follows:
  4.  Establish  procedures  to assure effective investigation of griev-
ances of, and conditions affecting, inmates of local correctional facil-
ities.  Such procedures shall include but not be limited to  receipt  of
written  complaints,  interviews  of  persons, and on-site monitoring of
conditions.  In addition, the commission shall establish procedures  for

S. 2812--C                         61                         A. 4012--C

the  speedy  and  impartial  review  of grievances referred to it by the
commissioner of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION.
  S  16.  The  opening  paragraph  of  paragraph (a) of subdivision 8 of
section 71 of the correction law, as amended by chapter 508 of the  laws
of 2010, is amended to read as follows:
  In  each  year  in  which the federal decennial census is taken but in
which the United States bureau of the census does not implement a policy
of reporting incarcerated persons  at  each  such  person's  residential
address   prior   to  incarceration,  the  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION shall by September first
of that same year deliver to the legislative task force  on  demographic
research  and  reapportionment the following information for each incar-
cerated person subject to the jurisdiction of the department and located
in this state on the date for which the decennial census  reports  popu-
lation:
  S  16-a. The correction law is amended by adding a new section 71-a to
read as follows:
  S 71-A. TRANSITIONAL ACCOUNTABILITY PLAN. UPON ADMISSION OF AN  INMATE
COMMITTED  TO  THE  CUSTODY  OF THE DEPARTMENT UNDER AN INDETERMINATE OR
DETERMINATE SENTENCE OF IMPRISONMENT, THE  DEPARTMENT  SHALL  DEVELOP  A
TRANSITIONAL  ACCOUNTABILITY  PLAN.  SUCH PLAN SHALL BE A COMPREHENSIVE,
DYNAMIC AND INDIVIDUALIZED CASE MANAGEMENT PLAN BASED ON THE PROGRAMMING
AND TREATMENT NEEDS OF THE INMATE. THE PURPOSE OF SUCH PLAN SHALL BE  TO
PROMOTE  THE  REHABILITATION  OF  THE  INMATE  AND  THEIR SUCCESSFUL AND
PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY UPON RELEASE. TO  THAT
END,  SUCH  PLAN  SHALL  BE USED TO PRIORITIZE PROGRAMMING AND TREATMENT
SERVICES FOR THE INMATE DURING INCARCERATION AND ANY PERIOD OF COMMUNITY
SUPERVISION. THE COMMISSIONER MAY CONSULT  WITH  THE  OFFICE  OF  MENTAL
HEALTH, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE BOARD
OF  PAROLE,  THE DEPARTMENT OF HEALTH, AND OTHER APPROPRIATE AGENCIES IN
THE DEVELOPMENT OF TRANSITIONAL CASE MANAGEMENT PLANS.
  S 17. Subdivision 2 of section 72-b of the correction law, as added by
section 48 of part B of chapter 58 of the laws of 2004,  is  amended  to
read as follows:
  2. No inmate about to be paroled, conditionally released, transferred,
released  or  discharged  shall  be referred to any adult home, enriched
housing program or residence for adults, as defined in  section  two  of
the  social services law, where the department of [correctional services
or state division of parole] CORRECTIONS AND COMMUNITY  SUPERVISION  has
received written notice that the facility has been placed on the "do not
refer  list"  pursuant  to  subdivision  fifteen of section four hundred
sixty-d of the social services law.
  S 18. Section 75 of the correction law, as added by section 8 of  part
OO of chapter 56 of the laws of 2010, is amended to read as follows:
  S  75. Notice of voting rights. Upon the discharge from a correctional
facility of any  person  whose  maximum  sentence  of  imprisonment  has
expired  OR  UPON  A  PERSON'S DISCHARGE FROM COMMUNITY SUPERVISION, the
department shall notify such person of his or  her  right  to  vote  and
provide  such  person  with a form of application for voter registration
together with written information distributed by the board of  elections
on the importance and the mechanics of voting.
  S  19. Section 112 of the correction law, as amended by chapter 476 of
the laws of 1970, is amended to read as follows:
  S 112. Powers and duties of commissioner [of correction]  relating  to
correctional  facilities AND COMMUNITY SUPERVISION.  1. The commissioner

S. 2812--C                         62                         A. 4012--C

of [correction] CORRECTIONS AND COMMUNITY  SUPERVISION  shall  have  the
superintendence,  management  and control of the correctional facilities
in the department and of  the  inmates  confined  therein,  and  of  all
matters  relating to the government, discipline, policing, contracts and
fiscal concerns thereof. He OR SHE shall have the power and it shall  be
his  OR HER duty to inquire into all matters connected with said correc-
tional facilities. He OR SHE shall make such rules and regulations,  not
in  conflict  with the statutes of this state, for the government of the
officers and other employees of the department assigned to said  facili-
ties,  and  in regard to the duties to be performed by them, and for the
government and discipline of each correctional facility, as  he  OR  SHE
may  deem  proper,  and  shall  cause  such  rules and regulations to be
recorded by the superintendent of the facility, and a copy thereof to be
furnished to each employee assigned to the facility.  He  OR  SHE  shall
also  prescribe  a  system  of  accounts  and records to be kept at each
correctional facility, which system shall be  uniform  at  all  of  said
facilities,  and  he  OR SHE shall also make rules and regulations for a
record of  photographs  and  other  means  of  identifying  each  inmate
received  into  said  facilities.  He  OR  SHE shall appoint and remove,
subject to the civil service law and  rules,  subordinate  officers  and
other  employees  of  the  department  who  are assigned to correctional
facilities.
  2. THE COMMISSIONER SHALL HAVE THE MANAGEMENT AND CONTROL  OF  PERSONS
RELEASED  ON  COMMUNITY  SUPERVISION AND OF ALL MATTERS RELATING TO SUCH
PERSONS' EFFECTIVE REENTRY INTO THE COMMUNITY, AS WELL AS ALL  CONTRACTS
AND  FISCAL  CONCERNS THEREOF. THE COMMISSIONER SHALL HAVE THE POWER AND
IT SHALL BE HIS OR HER DUTY TO INQUIRE INTO ALL MATTERS  CONNECTED  WITH
SAID  COMMUNITY  SUPERVISION. THE COMMISSIONER SHALL MAKE SUCH RULES AND
REGULATIONS, NOT IN CONFLICT WITH THE STATUTES OF THIS  STATE,  FOR  THE
GOVERNANCE  OF  THE  OFFICERS  AND  OTHER  EMPLOYEES  OF  THE DEPARTMENT
ASSIGNED TO SAID COMMUNITY SUPERVISION, AND IN REGARD TO THE  DUTIES  TO
BE  PERFORMED  BY  THEM,  AS HE OR SHE DEEMS PROPER AND SHALL CAUSE SUCH
RULES AND REGULATIONS TO BE  FURNISHED  TO  EACH  EMPLOYEE  ASSIGNED  TO
PERFORM  COMMUNITY  SUPERVISION. THE COMMISSIONER SHALL ALSO PRESCRIBE A
SYSTEM OF ACCOUNTS AND RECORDS TO BE KEPT, WHICH SHALL BE  UNIFORM.  THE
COMMISSIONER  SHALL  ALSO  MAKE  RULES  AND  REGULATIONS FOR A RECORD OF
PHOTOGRAPHS AND OTHER MEANS  OF  IDENTIFYING  EACH  INMATE  RELEASED  TO
COMMUNITY SUPERVISION. THE COMMISSIONER SHALL APPOINT OFFICERS AND OTHER
EMPLOYEES OF THE DEPARTMENT WHO ARE ASSIGNED TO PERFORM COMMUNITY SUPER-
VISION.
  3.  The  commissioner  [of  correction]  may  require reports from the
superintendent or any  other  officer  or  employee  of  the  department
assigned  to  any  correctional  facility OR TO PERFORM COMMUNITY SUPER-
VISION in relation to his OR HER conduct as such  officer  or  employee,
and  shall have the power to inquire into any improper conduct which may
be alleged to have been committed by  any  person  at  any  correctional
facility  OR IN THE COURSE OF HIS OR HER PERFORMANCE OF COMMUNITY SUPER-
VISION, and for that purpose to issue subpoenas to compel the attendance
of witnesses, and the production before him OR HER  of  books,  writings
and  papers.  A subpoena issued under this section shall be regulated by
the civil practice law and rules. [The  commissioner  of  correction  is
authorized and empowered to lease the railroad, constructed under and by
the authority of the laws of eighteen hundred and seventy-eight, chapter
one  hundred and forty-eight, for such term of years and upon such terms
and conditions as shall be approved of, in writing, by the governor  and
comptroller of this state.]

S. 2812--C                         63                         A. 4012--C

  4.  THE  COMMISSIONER  AND  THE  CHAIR  OF THE PAROLE BOARD SHALL WORK
JOINTLY TO DEVELOP AND IMPLEMENT, AS SOON AS  PRACTICABLE,  A  RISK  AND
NEEDS  ASSESSMENT  INSTRUMENT OR INSTRUMENTS, WHICH SHALL BE EMPIRICALLY
VALIDATED, THAT WOULD BE ADMINISTERED TO INMATES UPON RECEPTION  INTO  A
CORRECTIONAL FACILITY, AND THROUGHOUT THEIR INCARCERATION AND RELEASE TO
COMMUNITY SUPERVISION, TO FACILITATE APPROPRIATE PROGRAMMING BOTH DURING
AN  INMATE'S  INCARCERATION  AND  COMMUNITY SUPERVISION, AND DESIGNED TO
FACILITATE THE SUCCESSFUL INTEGRATION OF INMATES INTO THE COMMUNITY.
  S 20. Section 113 of the correction law, as amended by chapter 145  of
the laws of 1979, is amended to read as follows:
  S 113. Absence of inmate for funeral and deathbed visits [or to report
at  an  induction  center for preinduction examination] authorized.  The
commissioner [of correctional services] may permit any  inmate  confined
by  the  department  except one awaiting the sentence of death to attend
the funeral of his or her father, mother, guardian or  former  guardian,
child,  brother,  sister, husband, wife, grandparent, grandchild, ances-
tral uncle or ancestral aunt within the state, or to visit such individ-
ual during his or her illness if death be imminent [or to report  to  an
induction  center  for  the  purpose  of  being  examined  for  possible
induction into the armed forces of the United States]; but the  exercise
of  such  power  shall  be  subject to such rules and regulations as the
commissioner [of correctional services] shall prescribe, respecting  the
granting  of  such permission, duration of absence from the institution,
custody, transportation and care of the  inmate,  and  guarding  against
escape.  Any expense incurred under the provisions of this section, with
respect to any inmate permitted to attend a funeral or visit a  relative
during  last  illness,  shall be deemed an expense of maintenance of the
institution and be paid from moneys available therefor; but  the  super-
intendent,  if the rules and regulations of the commissioner [of correc-
tional services] shall so provide, may allow the inmate or anyone in his
behalf to reimburse the state for such expense. [Any expense  of  custo-
dial  officers  incurred in delivering and returning inmates to and from
an induction center shall be deemed an expense of the institution and be
paid from moneys available therefor but expenses of such  inmates  shall
not be defrayed by the institution or department or the state.]
  S  21.  Subdivision 2 of section 125 of the correction law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  2. The superintendent of each of said facilities shall furnish to each
inmate who shall be discharged or released from said facility by pardon,
parole, conditional release or otherwise, except  such  inmates  as  are
released for return for resentence or new trial or upon a certificate of
reasonable  doubt,  and  except such inmates who are released to partic-
ipate in a program outside the facility who are required  to  return  to
the facility, suitable clothing adapted to the season in which he OR SHE
is  discharged not to exceed sixty-five dollars in value and transporta-
tion to the county of his OR HER conviction or to such  other  place  as
the  commissioner [of correctional services] may designate. In addition,
the commissioner shall take such steps as are necessary to  ensure  that
inmates have at least forty dollars available upon release.
  S  22. Subdivision 6 of section 138 of the correction law, as added by
chapter 231 of the laws of 1975, is amended to read as follows:
  6. All rules and regulations pertaining to inmates established by  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and all rules and regulations pertaining to  inmates  established
by  any  institutional staff at any state correctional facility shall be

S. 2812--C                         64                         A. 4012--C

reviewed annually by the commissioner of the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  23.  Subdivision 1 of section 170 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  1. The commissioner [of correctional services] shall  not,  nor  shall
any  other authority whatsoever, make any contract by which the labor or
time of any inmate in any state or local correctional facility  in  this
state,  or  the product or profit of his work, shall be contracted, let,
farmed out, given or sold to any person,  firm,  association  or  corpo-
ration;  except  that  the inmates in said correctional institutions may
work for, and the products of their labor may be  disposed  of  to,  the
state or any political subdivision thereof, any public institution owned
or  managed  and  controlled  by the state, or any political subdivision
thereof.
  S 24. Subdivision 1 of section 171 of the correction law,  as  amended
by chapter 364 of the laws of 1983, is amended to read as follows:
  1. The commissioner [of correctional services] and the superintendents
and  officials  of  all penitentiaries in the state may cause inmates in
the state correctional facilities and such penitentiaries who are  phys-
ically  capable  thereof to be employed for not to exceed eight hours of
each day other than Sundays and  public  holidays.  Notwithstanding  any
other  provision  of  this section, however, the commissioner and super-
intendents of state correctional facilities  may  employ  inmates  on  a
volunteer  basis  on Sundays and public holidays in specialized areas of
the facility, including kitchen areas, vehicular garages, rubbish pickup
and grounds maintenance, providing, however, that  inmates  so  employed
shall be allowed an alternative free day within the normal work week.
  S  25.  Subdivision 3 of section 177 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  3. However, for the purpose of distributing, marketing or sale of  the
whole  or  any  part  of the product of any correctional facility in the
state, other than by said state correctional facilities, to the state or
to any political subdivisions thereof  or  to  any  public  institutions
owned or managed and controlled by the state, or by any political subdi-
visions  thereof,  or to any public corporation, authority, or eleemosy-
nary association funded in whole or in part by  any  federal,  state  or
local funds, the sheriff of any such local correctional facility and the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION  may  enter  into a contract or contracts which may determine the
kinds and qualities of articles to be produced by such  institution  and
the  method  of  distribution  and  sale  thereof by the commissioner of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION  or  under
his OR HER direction, either in separate lots or in combination with the
products  of  other  such institutions and with the products produced by
inmates in state correctional facilities. Such  contracts  may  fix  and
determine  any  and all terms and conditions for the disposition of such
products and the disposition of proceeds of sale thereof and any and all
other terms and conditions as may be agreed upon, not inconsistent  with
the  constitution.  However,  no  such contract shall be for a period of
more than one year and any prices fixed by such contract  shall  be  the
prices  established  pursuant  to section one hundred eighty-six of this
article for like articles or shall be  approved  by  the  department  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION and the
director of the budget on  presentation  to  them  of  a  copy  of  such
contract  or  proposed  contract, and provided further that any distrib-
ution or diversification of industries provided  for  by  such  contract

S. 2812--C                         65                         A. 4012--C

shall be in accordance with the rules and regulations established by the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or shall be approved by such department on presentation to it  of
a copy of such contract or proposed contract.
  S  26.  Subdivision 1 of section 183 of the correction law, as amended
by chapter 464 of the laws of 1981, is amended to read as follows:
  1. It shall be the duty of the commissioner [of correctional services]
to distribute, among the correctional institutions under  his  jurisdic-
tion, the labor and industries assigned to said institutions, due regard
being  had  to  the  location and convenience of the prisons, and of the
other institutions to be supplied, the machinery  now  therein  and  the
number  of  prisoners,  in order to secure the best service and distrib-
ution of the labor, and to employ the prisoners, so far as  practicable,
in  occupations  in  which they will be most likely to obtain employment
after their discharge from imprisonment. The  commissioner  [of  correc-
tional  services]  shall  change  or  dispose  of the present plants and
machinery in said institutions now used in  industries  which  shall  be
discontinued,  and  which can not be used in the industries hereafter to
be carried on in said prisons, due effort to be made by full  notice  to
probable  purchasers,  in  case  of sales of industries or machinery, to
obtain the best price possible for the property sold, and good  will  of
the business to be discontinued.
  S  27.  Subdivision 2 of section 184 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  2. All such articles manufactured or prepared in the state correction-
al facilities, or by inmates, and not required for use therein, shall be
of the styles, patterns, designs and qualities fixed by  the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, except
where  the  same  have  been  or  may  be fixed by the office of general
services in the executive department. Such articles may be furnished  to
the  state,  or  to  any political subdivision thereof, or for or to any
public institution owned or managed and controlled by the state, or  any
political subdivision thereof, government of the United States or to any
state  of  the  United  States  or  subdivision thereof or to any public
corporation, authority, or eleemosynary association funded in  whole  or
in  part by any federal, state or local funds, at and for such prices as
shall be fixed and determined as hereinafter provided, upon  the  requi-
sitions  of  the proper officials thereof. No article so manufactured or
prepared shall be purchased from any other  source,  for  the  state  or
public institutions of the state, or the political subdivisions thereof,
or  public  benefit corporations, authorities or commissions, unless the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION shall certify that the same can not be furnished upon such requi-
sition, and no claim therefor shall be  audited  or  paid  without  such
certificate.
  S  28. Section 185 of the correction law, as amended by chapter 166 of
the laws of 1991, is amended to read as follows:
  S 185. Estimates of articles required to be furnished.  On  or  before
July  first  in  each  year,  the proper officials of the state, and the
political subdivisions thereof, and of the institutions of the state, or
political subdivisions  thereof,  shall  report  to  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION estimates
for the ensuing year of  the  amount  of  supplies  of  different  kinds
required  to  be  purchased by them that can be furnished by the correc-
tional facilities  in  the  state.  The  commissioner  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION is authorized to make

S. 2812--C                         66                         A. 4012--C

regulations for said reports, to provide for the manner in which  requi-
sitions shall be made for supplies, and to provide for the proper diver-
sification of the industries in the correctional facilities.
  S  29.  Subdivision 2 of section 186 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  2. The prices established by the  commissioner  shall  be  based  upon
costs as determined pursuant to this subdivision, but shall not exceed a
reasonable  fair market price determined at or within ninety days before
the time of sale. Fair market price as used herein means  the  price  at
which a vendor of the same or similar product or service who is regular-
ly  engaged in the business of selling such product or service offers to
sell such a product or service under similar terms in the  same  market.
However,  the  price  established by the commissioner for license plates
sold to the New York state department of  motor  vehicles  shall  in  no
event exceed an amount approved by the director of the budget.
  First  instance  appropriations  to  the  department  of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for correctional  indus-
tries  shall be reimbursed pursuant to an agreement with the director of
the budget. In the absence of  a  first  instance  appropriation,  costs
shall  be determined in accordance with an agreement between the commis-
sioner of [correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION
and  the director of the budget. Any such agreement shall include, among
other provisions  deemed  necessary  by  the  budget  director  for  the
purposes  of  enabling programmatic overview and fiscal controls, one or
more methodologies  for  the  determination  of  costs  attributable  to
correctional  industries  or  to  any product manufactured in the insti-
tutions of the department  or  distributed,  marketed  or  sold  by  the
commissioner pursuant to this section, section one hundred seventy-seven
of this article or section one hundred seventy-five of the state finance
law.
  S 30.  Section 187 of the correction law, as amended by chapter 166 of
the laws of 1991, is amended to read as follows:
  S  187.  Earnings  of  inmates.  1.  Every  inmate confined in a state
correctional facility, subject to  the  rules  and  regulations  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, and every inmate confined in a local correctional  facility,  in
the discretion of the sheriff thereof, may receive compensation for work
performed  during  his  or  her imprisonment. Such compensation shall be
graded by the department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  with regard to inmates employed in prison indus-
tries, based upon the work performed by  such  prisoners  for  prisoners
confined  in  state  correctional facilities, and by the sheriffs in all
local correctional facilities for inmates confined therein.
  2. The department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION shall adopt rules, subject to the approval of  the  director
of the budget, for establishing in all of the state correctional facili-
ties  a  system  of  compensation for the inmates confined therein. Such
rules shall provide for the payment of compensation to each inmate,  who
shall  meet  the  requirements established by the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION, based  upon  the
work performed by such inmates.
  3.  The  department  shall  prepare graded wage schedules for inmates,
which [schedule] SCHEDULES shall be based upon classifications according
to the value of work performed by  each.  Such  schedules  need  not  be
uniform  in  all  institutions.   The rules of the department shall also
provide for the establishment of a credit system for each inmate and the

S. 2812--C                         67                         A. 4012--C

manner in which such earnings shall be paid to the inmate or his OR  HER
dependents or held in trust for him OR HER until his OR HER release.
  4.  Any  compensation  paid  to  an inmate under this article shall be
based on the work performed by such inmate.  Compensation  may  be  paid
from  moneys  appropriated to the department and available to facilities
for nonpersonal service.
  S 31. Section 198 of the correction law, as added by  chapter  240  of
the laws of 1974, is amended to read as follows:
  S  198.  Inmate  occupational  therapy  fund.  1.  The commissioner of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION   may
authorize the superintendent or director of any correctional institution
to  establish  an  inmate  occupational  therapy fund for the receipt of
proceeds from a product sold, as authorized by section one hundred nine-
ty-seven OF THIS ARTICLE, by one or  more  inmates  as  incident  to  an
avocational  or vocational project approved by the commissioner, includ-
ing but not limited to, art, music, drama, handicraft, or sports.
  2. Pursuant to rules, regulations or directions of  the  commissioner,
moneys  of  the fund may: (a) be made available to the superintendent or
director to be used for the  general  benefit  of  the  inmates  of  the
correctional institution wherein the product was produced, including but
not  limited  to,  furnishing  materials  and  supplies  to an inmate or
inmates for an avocational or vocational project and the transporting of
a product thereof for sale, display or otherwise  and  for  recreational
activities;  or  (b) be disbursed as follows: (i) an amount equal to the
proceeds from the sale of a product produced by one inmate may be depos-
ited to the account of such  inmate  pursuant  to  section  one  hundred
sixteen of [the correction law] THIS CHAPTER; or (ii) an amount equal to
the  proceeds from the sale of a product produced by two or more inmates
may be divided equally among such inmates and deposited to their respec-
tive accounts pursuant to section one hundred sixteen of [the correction
law] THIS CHAPTER.
  3. In determining the amount of the proceeds from a sale of a  product
that  may be deposited to the account of an inmate, the commissioner [of
correctional services] may provide for the deduction from the sum of the
proceeds the reasonable expenses  of  the  department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION incident to the sale,
including but not limited to, the value of materials  and  supplies  for
the  production  of the product supplied without financial charge to the
inmate and the expenses of transporting the product for sale or  display
or otherwise.
  S  32. The correction law is amended by adding a new article 8 to read
as follows:
                                ARTICLE 8
                          COMMUNITY SUPERVISION
SECTION 201. AUTHORITY AND RESPONSIBILITY FOR COMMUNITY SUPERVISION.
        203. REGULATIONS FOR RELEASE OF CERTAIN SEX OFFENDERS.
        205. MERIT TERMINATION OF SENTENCE AND DISCHARGE  FROM  PRESUMP-
               TIVE  RELEASE, PAROLE, CONDITIONAL RELEASE AND RELEASE TO
               POST-RELEASE SUPERVISION.
        206. APPLICATIONS  FOR  PRESUMPTIVE   RELEASE   OR   CONDITIONAL
               RELEASE.
        207. COOPERATION.
        208. DEPUTIZATION OF OUT-OF-STATE OFFICERS.
  S  201. AUTHORITY AND RESPONSIBILITY FOR COMMUNITY SUPERVISION. 1. THE
DEPARTMENT SHALL HAVE RESPONSIBILITY FOR THE PREPARATION OF REPORTS  AND

S. 2812--C                         68                         A. 4012--C

OTHER  DATA REQUIRED BY THE STATE BOARD OF PAROLE IN THE EXERCISE OF ITS
INDEPENDENT DECISION MAKING FUNCTIONS.
  2.  IN  ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, THE DEPARTMENT
SHALL SUPERVISE INMATES RELEASED TO COMMUNITY SUPERVISION,  EXCEPT  THAT
THE  DEPARTMENT  MAY  CONSENT TO THE SUPERVISION OF A RELEASED INMATE BY
THE UNITED STATES PAROLE COMMISSION PURSUANT TO THE WITNESS SECURITY ACT
OF NINETEEN HUNDRED EIGHTY-FOUR.
  3. TO FACILITATE THE SUPERVISION OF ALL INMATES RELEASED TO  COMMUNITY
SUPERVISION,  THE  COMMISSIONER  SHALL  CONSIDER THE IMPLEMENTATION OF A
PROGRAM OF GRADUATED SANCTIONS, INCLUDING BUT NOT LIMITED TO THE  UTILI-
ZATION  OF A RISK AND NEEDS ASSESSMENT INSTRUMENT THAT WOULD BE ADMINIS-
TERED TO ALL INMATES ELIGIBLE FOR COMMUNITY SUPERVISION. SUCH A  PROGRAM
WOULD  INCLUDE  VARIOUS COMPONENTS INCLUDING APPROACHES THAT CONCENTRATE
SUPERVISION ON NEW RELEASES, ALTERNATIVES TO INCARCERATION FOR TECHNICAL
PAROLE VIOLATORS AND THE USE OF ENHANCED TECHNOLOGIES.
  4. THE DEPARTMENT SHALL CONDUCT SUCH INVESTIGATIONS AS MAY  BE  NECES-
SARY IN CONNECTION WITH ALLEGED VIOLATIONS OF COMMUNITY SUPERVISION.
  5.  THE  DEPARTMENT SHALL ASSIST INMATES ELIGIBLE FOR COMMUNITY SUPER-
VISION AND INMATES WHO ARE ON COMMUNITY SUPERVISION  TO  SECURE  EMPLOY-
MENT, EDUCATIONAL OR VOCATIONAL TRAINING, AND HOUSING.
  6.  THE  DEPARTMENT  SHALL  HAVE THE DUTY TO PROVIDE WRITTEN NOTICE TO
INMATES PRIOR TO RELEASE TO COMMUNITY SUPERVISION OR PURSUANT TO  SUBDI-
VISION  SIX  OF  SECTION  410.91  OF  THE  CRIMINAL PROCEDURE LAW OF ANY
REQUIREMENT TO REPORT TO THE OFFICE OF VICTIM SERVICES ANY  FUNDS  OF  A
CONVICTED  PERSON  AS DEFINED IN SECTION SIX HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW, THE PROCEDURE FOR SUCH REPORTING AND ANY POTENTIAL PENAL-
TY FOR A FAILURE TO COMPLY.
  7. THE DEPARTMENT SHALL  ENCOURAGE  APPRENTICESHIP  TRAINING  OF  SUCH
PERSONS THROUGH THE ASSISTANCE AND COOPERATION OF INDUSTRIAL, COMMERCIAL
AND LABOR ORGANIZATIONS.
  8.  THE  DEPARTMENT  MAY  ESTABLISH A COMMUNITY SUPERVISION TRANSITION
PROGRAM, WHICH IS HEREBY DEFINED AS COMMUNITY-BASED RESIDENTIAL  FACILI-
TIES  DESIGNED  TO  AID  COMMUNITY  SUPERVISION  VIOLATORS TO DEVELOP AN
INCREASED CAPACITY  FOR  ADJUSTMENT  TO  COMMUNITY  LIVING.  PRESUMPTIVE
RELEASEES,  PAROLEES, CONDITIONAL RELEASEES AND THOSE UNDER POST-RELEASE
SUPERVISION WHO HAVE EITHER (A) BEEN FOUND PURSUANT TO ARTICLE  TWELVE-B
OF  THE EXECUTIVE LAW TO HAVE VIOLATED ONE OR MORE CONDITIONS OF RELEASE
IN AN IMPORTANT RESPECT, OR (B) ALLEGEDLY VIOLATED ONE OR MORE  OF  SUCH
CONDITIONS  UPON A FINDING OF PROBABLE CAUSE AT A PRELIMINARY HEARING OR
UPON THE WAIVER THEREOF MAY BE PLACED IN A COMMUNITY SUPERVISION TRANSI-
TION FACILITY. PLACEMENT IN SUCH A FACILITY UPON A FINDING  OF  PROBABLE
CAUSE  OR THE WAIVER THEREOF SHALL NOT PRECLUDE THE CONDUCT OF A REVOCA-
TION HEARING, NOR, ABSENT A WAIVER, OPERATE TO DENY THE RELEASEE'S RIGHT
TO SUCH REVOCATION HEARING.
  9. (A) THE DEPARTMENT SHALL COLLECT A FEE OF THIRTY DOLLARS PER MONTH,
FROM ALL PERSONS OVER THE AGE OF EIGHTEEN WHO AFTER THE  EFFECTIVE  DATE
OF  THIS  SUBDIVISION  ARE  SUPERVISED  ON  PRESUMPTIVE RELEASE, PAROLE,
CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION.  THE  DEPARTMENT  SHALL
WAIVE  ALL  OR  PART  OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE
OFFENDER, THE PAYMENT OF SAID FEE WOULD WORK AN UNREASONABLE HARDSHIP ON
THE PERSON CONVICTED, HIS OR HER IMMEDIATE FAMILY, OR ANY  OTHER  PERSON
WHO IS DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
  (B)  THE  SUPERVISION  FEE  AUTHORIZED  BY  THIS SUBDIVISION SHALL NOT
CONSTITUTE NOR BE IMPOSED AS A CONDITION OF COMMUNITY SUPERVISION.
  (C) IN THE EVENT OF NON-PAYMENT OF ANY FEES THAT HAVE NOT BEEN WAIVED,
THE DEPARTMENT MAY SEEK TO ENFORCE PAYMENT IN ANY  MANNER  PERMITTED  BY

S. 2812--C                         69                         A. 4012--C

LAW FOR ENFORCEMENT OF A DEBT OWED TO THE STATE; PROVIDED, HOWEVER, SUCH
ENFORCEMENT  SHALL NOT INCLUDE USE OF ANY PRIVATE DEBT COLLECTION AGENCY
OR SERVICE.
  (D)  NOTHING  CONTAINED  IN  THIS  SUBDIVISION  AFFECTS  OR LIMITS THE
PROVISIONS OF SECTION TWO HUNDRED FIFTY-NINE-MM OF  THE  EXECUTIVE  LAW,
RELATING  TO  OUT-OF-STATE  PAROLE  SUPERVISION.  PRIOR TO A TRANSFER OF
PAROLE SUPERVISION TO ANOTHER STATE, THE DEPARTMENT SHALL ELIMINATE  ANY
SUPERVISION FEE IMPOSED PURSUANT TO THIS SUBDIVISION. THE DEPARTMENT MAY
COLLECT  A FEE, PURSUANT TO THIS SUBDIVISION AND REGULATIONS PROMULGATED
THEREUNDER, FROM ANY PERSON WHOSE PAROLE SUPERVISION IS  TRANSFERRED  TO
THIS STATE FROM ANOTHER.
  10.  THE  DEPARTMENT  SHALL HAVE THE POWER TO GRANT AND REVOKE CERTIF-
ICATES OF RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD  CONDUCT  AS
PROVIDED FOR BY LAW.
  11.  IN  ANY CASE WHERE A PERSON IS ENTITLED TO JAIL TIME CREDIT UNDER
THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION 70.40 OF
THE PENAL LAW, TO CERTIFY TO THE PERSON IN CHARGE OF THE INSTITUTION  IN
WHICH SUCH PERSON'S SENTENCE IS BEING SERVED THE AMOUNT OF SUCH CREDIT.
  12.  THE  DEPARTMENT  SHALL SUPERVISE ALL PERSONS WHO ARE RELEASED AND
SUBJECT TO A REGIMEN OF STRICT AND INTENSIVE SUPERVISION  AND  TREATMENT
PURSUANT  TO ARTICLE TEN OF THE MENTAL HYGIENE LAW. THE DEPARTMENT SHALL
ISSUE AND PERIODICALLY  UPDATE  RULES  AND  REGULATIONS  CONCERNING  THE
SUPERVISION  OF  SUCH  PERSONS  IN  CONSULTATION  WITH THE OFFICE OF SEX
OFFENDER MANAGEMENT IN THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
OFFICE OF MENTAL HEALTH.
  13. THE DEPARTMENT SHALL PERFORM SUCH OTHER FUNCTIONS AS ARE NECESSARY
AND PROPER IN FURTHERANCE OF THE OBJECTIVE OF MAINTAINING AN  EFFECTIVE,
EFFICIENT AND FAIR SYSTEM OF COMMUNITY SUPERVISION.
  14.  THE  COMMISSIONER SHALL PROMULGATE SUCH REGULATIONS AS ARE NECES-
SARY AND PROPER FOR THE EFFICIENT PERFORMANCE OF THE FUNCTIONS SET FORTH
IN THIS ARTICLE. HE OR SHE SHALL HAVE THE  AUTHORITY  TO  CONTRACT  WITH
PUBLIC  OR  PRIVATE  AGENCIES  FOR  THE PERFORMANCE OF THE FUNCTIONS SET
FORTH IN THIS SECTION AS ARE NECESSARY OR  APPROPRIATE  TO  PROMOTE  THE
EFFICIENT  PERFORMANCE  OF  SUCH  RESPONSIBILITIES, EXCEPT THE FUNCTIONS
DEFINED IN SUBDIVISIONS ONE, TWO, FOUR, TEN AND TWELVE OF THIS SECTION.
  15. THE COMMISSIONER SHALL PROVIDE AN ANNUAL REPORT TO  THE  TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND MINORITY LEADER OF THE ASSEMBLY, COMMENCING JANUARY
FIRST, TWO THOUSAND TWELVE. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED
TO  THE  NUMBER  OF  PERSONS:  RELEASED TO COMMUNITY SUPERVISION AND THE
RELEASE TYPE; SUPERVISED ON COMMUNITY SUPERVISION DURING  THE  PRECEDING
YEAR; WHOSE COMMUNITY SUPERVISION WAS REVOKED; RETURNED TO INCARCERATION
FOR CONVICTION OF A NEW FELONY COMMITTED WHILE ON COMMUNITY SUPERVISION;
TRANSFERRED  OUT  OF  STATE PURSUANT TO THE INTERSTATE COMPACT FOR ADULT
SUPERVISION. IN ADDITION, THE COMMISSIONER SHALL PROVIDE OTHER AVAILABLE
INFORMATION REGARDING COMMUNITY SUPERVISION TO THE  TEMPORARY  PRESIDENT
OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
SENATE AND MINORITY LEADER OF THE ASSEMBLY UPON REQUEST.
  S 203. REGULATIONS FOR RELEASE OF  CERTAIN  SEX  OFFENDERS.    1.  THE
COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS THAT SHALL INCLUDE
GUIDELINES AND PROCEDURES ON THE PLACEMENT OF SEX  OFFENDERS  DESIGNATED
AS  LEVEL TWO OR LEVEL THREE OFFENDERS PURSUANT TO ARTICLE SIX-C OF THIS
CHAPTER. SUCH REGULATIONS SHALL PROVIDE INSTRUCTION ON  CERTAIN  FACTORS
TO BE CONSIDERED WHEN INVESTIGATING AND APPROVING THE RESIDENCE OF LEVEL
TWO  OR  LEVEL  THREE  SEX  OFFENDERS  RELEASED  ON PRESUMPTIVE RELEASE,

S. 2812--C                         70                         A. 4012--C

PAROLE, CONDITIONAL RELEASE OR POST-RELEASE  SUPERVISION.  SUCH  FACTORS
SHALL INCLUDE THE FOLLOWING:
  (A) THE LOCATION OF OTHER SEX OFFENDERS REQUIRED TO REGISTER UNDER THE
SEX  OFFENDER  REGISTRATION ACT, SPECIFICALLY WHETHER THERE IS A CONCEN-
TRATION OF REGISTERED SEX OFFENDERS IN A  CERTAIN  RESIDENTIAL  AREA  OR
MUNICIPALITY;
  (B)  THE  NUMBER  OF REGISTERED SEX OFFENDERS RESIDING AT A PARTICULAR
PROPERTY;
  (C) THE PROXIMITY OF ENTITIES WITH VULNERABLE POPULATIONS;
  (D) ACCESSIBILITY TO  FAMILY  MEMBERS,  FRIENDS  OR  OTHER  SUPPORTIVE
SERVICES,  INCLUDING, BUT NOT LIMITED TO, LOCALLY AVAILABLE SEX OFFENDER
TREATMENT PROGRAMS WITH PREFERENCE FOR  PLACEMENT  OF  SUCH  INDIVIDUALS
INTO  PROGRAMS  THAT  HAVE  DEMONSTRATED  EFFECTIVENESS  IN REDUCING SEX
OFFENDER RECIDIVISM AND INCREASING PUBLIC SAFETY; AND
  (E) THE AVAILABILITY OF PERMANENT, STABLE HOUSING IN ORDER  TO  REDUCE
THE LIKELIHOOD THAT SUCH OFFENDERS WILL BE TRANSIENT.
  2.  THE DEPARTMENT SHALL HAVE THE DUTY, PRIOR TO THE RELEASE TO COMMU-
NITY SUPERVISION OF AN INMATE DESIGNATED A LEVEL TWO OR THREE SEX OFFEN-
DER PURSUANT TO THE SEX OFFENDER REGISTRATION ACT, TO PROVIDE  NOTIFICA-
TION  TO  THE  LOCAL SOCIAL SERVICES DISTRICT IN THE COUNTY IN WHICH THE
INMATE EXPECTS TO  RESIDE,  WHEN  INFORMATION  AVAILABLE  OR  ANY  OTHER
PRE-RELEASE  PROCEDURES  INDICATES THAT SUCH INMATE IS LIKELY TO SEEK TO
ACCESS LOCAL SOCIAL SERVICES FOR HOMELESS PERSONS. THE DEPARTMENT  SHALL
PROVIDE  SUCH  NOTICE, WHEN PRACTICABLE, THIRTY DAYS OR MORE BEFORE SUCH
INMATE'S RELEASE, BUT IN ANY EVENT, IN ADVANCE OF SUCH INMATE'S  ARRIVAL
IN THE JURISDICTION OF SUCH LOCAL SOCIAL SERVICES DISTRICT.
  S  205.  MERIT  TERMINATION OF SENTENCE AND DISCHARGE FROM PRESUMPTIVE
RELEASE, PAROLE, CONDITIONAL RELEASE AND RELEASE TO POST-RELEASE  SUPER-
VISION.    1. THE DEPARTMENT MAY GRANT TO ANY PERSON A MERIT TERMINATION
OF SENTENCE FROM PRESUMPTIVE RELEASE,  PAROLE,  CONDITIONAL  RELEASE  OR
RELEASE  TO POST-RELEASE SUPERVISION PRIOR TO THE EXPIRATION OF THE FULL
TERM OR MAXIMUM TERM, PROVIDED IT IS DETERMINED BY THE  DEPARTMENT  THAT
SUCH  MERIT TERMINATION IS IN THE BEST INTERESTS OF SOCIETY, SUCH PERSON
IS NOT REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE  SIX-C
OF  THIS CHAPTER, AND SUCH PERSON IS NOT ON PRESUMPTIVE RELEASE, PAROLE,
CONDITIONAL RELEASE OR RELEASE TO POST-RELEASE SUPERVISION FROM  A  TERM
OF  IMPRISONMENT  IMPOSED  FOR  ANY OF THE FOLLOWING OFFENSES, OR FOR AN
ATTEMPT TO COMMIT ANY OF THE FOLLOWING OFFENSES:
  (A) A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE  PENAL
LAW;
  (B) MURDER IN THE FIRST DEGREE OR MURDER IN THE SECOND DEGREE;
  (C) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
  (D) UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE, KIDNAPPING IN THE FIRST
DEGREE,  OR KIDNAPPING IN THE SECOND DEGREE, IN WHICH THE VICTIM IS LESS
THAN SEVENTEEN YEARS OLD AND THE OFFENDER  IS  NOT  THE  PARENT  OF  THE
VICTIM;
  (E)  AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW
INVOLVING THE PROSTITUTION OF A PERSON LESS THAN NINETEEN YEARS OLD;
  (F) DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST  DEGREE  OR
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE;
  (G) INCEST;
  (H) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL
LAW;
  (I) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; OR
  (J)  AN  OFFENSE  DEFINED  IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL
LAW.

S. 2812--C                         71                         A. 4012--C

  2. A MERIT TERMINATION GRANTED BY THE DEPARTMENT  UNDER  THIS  SECTION
SHALL  CONSTITUTE A TERMINATION OF THE SENTENCE WITH RESPECT TO WHICH IT
WAS GRANTED. NO SUCH MERIT  TERMINATION  SHALL  BE  GRANTED  UNLESS  THE
DEPARTMENT  IS  SATISFIED  THAT TERMINATION OF SENTENCE FROM PRESUMPTIVE
RELEASE,  PAROLE,  CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION IS IN
THE BEST INTEREST OF SOCIETY, AND THAT THE PAROLEE OR  RELEASEE,  OTHER-
WISE  FINANCIALLY  ABLE  TO  COMPLY WITH AN ORDER OF RESTITUTION AND THE
PAYMENT OF ANY MANDATORY SURCHARGE PREVIOUSLY  IMPOSED  BY  A  COURT  OF
COMPETENT  JURISDICTION,  HAS  MADE A GOOD FAITH EFFORT TO COMPLY THERE-
WITH.
  3. A MERIT TERMINATION OF SENTENCE MAY BE GRANTED AFTER TWO  YEARS  OF
PRESUMPTIVE  RELEASE, PAROLE, CONDITIONAL RELEASE OR RELEASE TO POST-RE-
LEASE SUPERVISION TO A PERSON SERVING A SENTENCE FOR A  CLASS  A  FELONY
OFFENSE  AS  DEFINED  IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.  A
MERIT TERMINATION OF SENTENCE MAY  BE  GRANTED  TO  ALL  OTHER  ELIGIBLE
PERSONS  AFTER  ONE  YEAR  OF  PRESUMPTIVE  RELEASE, PAROLE, CONDITIONAL
RELEASE OR RELEASE TO POST-RELEASE SUPERVISION.
  4. THE DEPARTMENT MUST GRANT TERMINATION OF SENTENCE AFTER THREE YEARS
OF UNREVOKED PRESUMPTIVE RELEASE OR PAROLE TO A PERSON SERVING AN  INDE-
TERMINATE  SENTENCE  FOR A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, AND MUST GRANT TERMINATION OF  SENTENCE
AFTER  TWO  YEARS OF UNREVOKED PRESUMPTIVE RELEASE OR PAROLE TO A PERSON
SERVING AN INDETERMINATE SENTENCE FOR ANY OTHER FELONY  OFFENSE  DEFINED
IN  ARTICLE  TWO  HUNDRED  TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL
LAW.
  5. THE COMMISSIONER, IN CONSULTATION WITH THE CHAIRMAN OF THE BOARD OF
PAROLE, SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE ISSUANCE OF
MERIT TERMINATIONS OF SENTENCE AND DISCHARGES FROM PRESUMPTIVE  RELEASE,
PAROLE,  CONDITIONAL  RELEASE OR POST-RELEASE SUPERVISION TO ASSURE THAT
SUCH TERMINATIONS AND DISCHARGES ARE CONSISTENT WITH PUBLIC SAFETY.  THE
BOARD OF PAROLE SHALL HAVE ACCESS TO MERIT TERMINATION APPLICATION  CASE
FILES  AND  CORRESPONDING  DECISIONS  TO ASSESS THE EFFECTIVENESS OF THE
RULES AND REGULATIONS IN ENSURING PUBLIC SAFETY.  SUCH REVIEW WILL IN NO
MANNER EFFECT THE DECISIONS MADE WITH REGARD TO INDIVIDUAL MERIT  TERMI-
NATION DETERMINATIONS.
  S  206.  APPLICATIONS  FOR PRESUMPTIVE RELEASE OR CONDITIONAL RELEASE.
1. ALL REQUESTS FOR PRESUMPTIVE RELEASE OR CONDITIONAL RELEASE SHALL  BE
MADE  IN  WRITING  ON  FORMS PRESCRIBED AND FURNISHED BY THE DEPARTMENT.
WITHIN ONE MONTH FROM THE DATE ANY SUCH APPLICATION IS RECEIVED,  IF  IT
APPEARS THAT THE APPLICANT IS ELIGIBLE FOR PRESUMPTIVE RELEASE OR CONDI-
TIONAL  RELEASE  OR WILL BE ELIGIBLE FOR SUCH RELEASE DURING SUCH MONTH,
THE CONDITIONS OF RELEASE  SHALL  BE  FIXED  IN  ACCORDANCE  WITH  RULES
PRESCRIBED BY THE BOARD OF PAROLE. SUCH CONDITIONS SHALL BE SUBSTANTIAL-
LY THE SAME AS CONDITIONS IMPOSED UPON PAROLEES.
  2.   NO  PERSON  SHALL  BE  PRESUMPTIVELY  RELEASED  OR  CONDITIONALLY
RELEASED, UNLESS THE APPLICANT HAS AGREED IN WRITING TO  THE  CONDITIONS
OF  RELEASE.   THE AGREEMENT SHALL STATE IN PLAIN, EASILY UNDERSTANDABLE
LANGUAGE THE CONSEQUENCES OF A VIOLATION OF ONE OR MORE  OF  THE  CONDI-
TIONS OF RELEASE.
  S  207.  COOPERATION.  IT  SHALL  BE  THE  DUTY OF THE COMMISSIONER OF
CORRECTIONS AND COMMUNITY SUPERVISION TO INSURE THAT  ALL  OFFICERS  AND
EMPLOYEES  OF THE DEPARTMENT SHALL AT ALL TIMES COOPERATE WITH THE BOARD
OF PAROLE AND SHALL FURNISH TO SUCH MEMBERS AND EMPLOYEES OF  THE  BOARD
OF  PAROLE  SUCH  INFORMATION  AS  MAY  BE APPROPRIATE TO ENABLE THEM TO
PERFORM THEIR INDEPENDENT DECISION MAKING FUNCTIONS.  IT IS ALSO HIS  OR
HER  DUTY  TO  ENSURE  THAT THE FUNCTIONS OF THE BOARD OF PAROLE ARE NOT

S. 2812--C                         72                         A. 4012--C

HAMPERED IN ANY WAY, INCLUDING BUT NOT  LIMITED  TO:  A  RESTRICTION  OF
RESOURCES  INCLUDING  STAFF ASSISTANCE; LIMITED ACCESS TO VITAL INFORMA-
TION; AND PRESENTATION OF INMATE INFORMATION IN A MANNER THAT MAY  INAP-
PROPRIATELY INFLUENCE THE BOARD IN ITS DECISION MAKING.
  S  208.  DEPUTIZATION  OF OUT-OF-STATE OFFICERS.   THE COMMISSIONER IS
HEREBY AUTHORIZED AND EMPOWERED TO DEPUTIZE ANY PAROLE OFFICER OR  PEACE
OFFICER OF ANOTHER STATE TO ACT AS AN OFFICER AND AGENT OF THIS STATE IN
EFFECTING THE RETURN OF ANY PERSON WHO HAS VIOLATED THE TERMS AND CONDI-
TIONS OF PAROLE OR PROBATION AS GRANTED BY THIS STATE.
  ANY  DEPUTIZATION PURSUANT TO THIS SECTION SHALL BE IN WRITING AND ANY
PERSON AUTHORIZED TO ACT AS AN AGENT OF THIS STATE PURSUANT HERETO SHALL
CARRY FORMAL EVIDENCE OF HIS OR HER DEPUTIZATION AND SHALL  PRODUCE  THE
SAME UPON DEMAND.
  THE  COMMISSIONER IS HEREBY AUTHORIZED, SUBJECT TO THE APPROVAL OF THE
COMPTROLLER, TO ENTER INTO CONTRACTS WITH SIMILAR OFFICIALS OF ANY OTHER
STATE OR STATES FOR THE PURPOSE OF SHARING AN EQUITABLE PORTION  OF  THE
COST  OF  EFFECTING  THE RETURN OF ANY PERSON WHO HAS VIOLATED THE TERMS
AND CONDITIONS OF PAROLE OR PROBATION AS GRANTED BY THIS STATE.
  S 33. Intentionally omitted.
  S 34. Intentionally omitted.
  S 35. Subdivision 5 of section 400 of the correction law, as added  by
chapter 766 of the laws of 1976, is amended to read as follows:
  (5) "Inmate" means a person committed to the custody of the department
of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION, or a
person convicted of a crime and committed to the custody of the sheriff,
the county jail, or a local department of correction.
  S 36. Subparagraph 3 of paragraph c of subdivision 7 of section  500-b
of the correction law, as amended by chapter 574 of the laws of 1985, is
amended to read as follows:
  (3) records, to the extent relevant and known to the chief administra-
tive  officer,  maintained  by the department of [correctional services]
CORRECTIONS AND COMMUNITY  SUPERVISION  and/or  any  local  correctional
facility  in  this  state  and which are accessible and available to the
chief administrative officer; and
  S 37. Section 259 of the executive law is REPEALED and a  new  section
259 is added to read as follows:
  S  259.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" MEANS THE STATE BOARD OF PAROLE.
  2.  "COMMISSIONER"  MEANS  THE  COMMISSIONER  OF  THE  DEPARTMENT   OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  3.  "COMMUNITY  SUPERVISION"  MEANS  THE  SUPERVISION  OF  INDIVIDUALS
RELEASED INTO THE COMMUNITY ON TEMPORARY RELEASE,  PRESUMPTIVE  RELEASE,
PAROLE, CONDITIONAL RELEASE, POST RELEASE SUPERVISION OR MEDICAL PAROLE.
  4.  "DEPARTMENT"  MEANS  THE  DEPARTMENT  OF CORRECTIONS AND COMMUNITY
SUPERVISION.
  S 38. Section 259-a of the executive law is REPEALED and a new section
259-a is added to read as follows:
  S 259-A. STATE BOARD OF PAROLE; FUNDING. THE ANNUAL  BUDGET  SUBMITTED
BY  THE  GOVERNOR  SHALL SEPARATELY STATE THE RECOMMENDED APPROPRIATIONS
FOR THE STATE BOARD OF PAROLE. UPON ENACTMENT, THESE  SEPARATELY  STATED
APPROPRIATIONS  FOR  THE STATE BOARD OF PAROLE SHALL NOT BE DECREASED BY
INTERCHANGE  WITH  ANY  OTHER  APPROPRIATION,  NOTWITHSTANDING   SECTION
FIFTY-ONE OF THE STATE FINANCE LAW.
  S 38-a. Section 259-b of the executive law, as added by chapter 904 of
the laws of 1977, subdivision 1 as amended by chapter 123 of the laws of

S. 2812--C                         73                         A. 4012--C

1987 and subdivision 2 as amended by chapter 111 of the laws of 1989, is
amended to read as follows:
  S 259-b. State board of parole; organization. 1. There shall be in the
[state  division  of  parole]  DEPARTMENT  a state board of parole which
shall possess the powers and duties hereinafter specified.    THE  BOARD
SHALL  FUNCTION  INDEPENDENTLY  OF  THE  DEPARTMENT REGARDING ALL OF ITS
DECISION-MAKING FUNCTIONS, AS WELL AS ANY OTHER POWERS AND DUTIES SPECI-
FIED IN THIS ARTICLE, PROVIDED, HOWEVER, THAT ADMINISTRATIVE MATTERS  OF
GENERAL  APPLICABILITY  WITHIN THE DEPARTMENT SHALL BE APPLICABLE TO THE
BOARD. Such board shall  consist  of  not  more  than  nineteen  members
appointed by the governor with the advice and consent of the senate. The
term  of  office  of  each  member of such board shall be for six years;
provided, however, that any member chosen to fill  a  vacancy  occurring
otherwise  than by expiration of term shall be appointed for the remain-
der of the unexpired term of the member whom he is to  succeed.  In  the
event  of  the  inability to act of any member, the governor may appoint
some competent informed person to act in his stead  during  the  contin-
uance of such disability.
  2.  Each  member of the board shall have been awarded a degree from an
accredited four-year college or university or  a  graduate  degree  from
such  college or university or accredited graduate school and shall have
had at least five years of experience in one or more of  the  fields  of
criminology,  administration of criminal justice, law enforcement, soci-
ology, law, social work, corrections, psychology,  psychiatry  or  medi-
cine.
  3.  The  governor  shall  designate one of the members of the board as
chairman to serve in such capacity at the pleasure of  the  governor  or
until  the member's term of office expires and a successor is designated
in accordance with law, whichever first occurs.
  4. The members of the [state] board [of parole]  shall  not  hold  any
other  public  office;  nor shall they, at any time of their appointment
nor during their incumbency, serve as a representative of any  political
party  on an executive committee or other governing body thereof, nor as
an executive officer or employee of any political  committee,  organiza-
tion or association.
  5.  Each member of the [state] board [of parole] shall receive for his
services an annual salary to be fixed by the governor within the  amount
appropriated  therefor. Each member of such board shall also receive his
necessary expenses actually incurred in the discharge of his duties.
  6. Any member of the [state] board [of parole] may be removed  by  the
governor for cause after an opportunity to be heard.
  7.  Except  as  otherwise  provided  by law, a majority of the [state]
board [of parole] shall constitute a quorum for the transaction  of  all
business of the board.
  S  38-b.   Section 259-c of the executive law, as added by chapter 904
of the laws of 1977, subdivision 1 as amended by section 8 of part J and
subdivision 4 as amended by section 2 of part N of  chapter  56  of  the
laws  of 2009, subdivisions 2 and 6 as amended by section 7 of part E of
chapter 62 of the laws of 2003, subdivision 13 as amended by  chapter  1
of  the  laws  of  2000, subdivision 14 as amended by chapter 320 of the
laws of 2006, subdivision 15 as added by chapter 67 of the laws of 2008,
subdivision 15-a as added by chapter 496 of the laws of  2009,  subdivi-
sion 16 as amended by section 14 of part A1 of chapter 56 of the laws of
2010  and  subdivision 17 as added by chapter 96 of the laws of 2006 and
as renumbered by chapter 67 of the laws of 2008, is amended to  read  as
follows:

S. 2812--C                         74                         A. 4012--C

  S 259-c. State  board  of  parole;  functions,  powers and duties. The
state board of parole shall: 1. have the power and duty  of  determining
which inmates serving an indeterminate or determinate sentence of impri-
sonment  may  be  released  on  parole, or on medical parole pursuant to
section  two hundred fifty-nine-r or section two hundred fifty-nine-s of
this article, and when and under what conditions;
  2. have the power and duty of determining the conditions of release of
the person who may be presumptively released, conditionally released  or
subject  to  a period of post-release supervision under an indeterminate
or determinate sentence of imprisonment;
  3. determine, as each inmate is received by the department [of correc-
tional services], the need for further investigation of  the  background
of  such  inmate  [and].   UPON SUCH DETERMINATION, THE DEPARTMENT SHALL
cause such investigation as may be necessary to be made as soon as prac-
ticable, the results of  such  investigation  together  with  all  other
information  compiled  by  the  [division pursuant to subdivision one of
section two hundred fifty-nine-a] DEPARTMENT and the  complete  criminal
record  and  family  court record of such inmate to be filed so as to be
readily available when the parole of such inmate is being considered;
  4.  establish written [guidelines] PROCEDURES for its  use  in  making
parole  decisions  as  required by law[, including the fixing of minimum
periods of imprisonment or ranges thereof for  different  categories  of
offenders].   Such written [guidelines may consider the use of a] PROCE-
DURES SHALL INCORPORATE risk and needs [assessment  instrument]  PRINCI-
PLES  to  MEASURE  THE  REHABILITATION  OF  PERSONS APPEARING BEFORE THE
BOARD, THE LIKELIHOOD OF SUCCESS  OF  SUCH  PERSONS  UPON  RELEASE,  AND
assist members of the state board of parole in determining which inmates
may be released to parole supervision;
  5.  through  its members, officers and employees, study or cause to be
studied the inmates confined in institutions over which  the  board  has
jurisdiction, so as to determine their ultimate fitness to be paroled;
  6.  have  the power to revoke the [presumptive release, parole, condi-
tional release or post-release]  COMMUNITY  supervision  status  of  any
person  and  to authorize the issuance of a warrant for the re-taking of
such persons;
  [7. have the power to grant and revoke  certificates  of  relief  from
disabilities and certificates of good conduct as provided for by law;]
  8.  have  the power and perform the duty, when requested by the gover-
nor, of reporting to the governor  the  facts,  circumstances,  criminal
records  and  social,  physical,  mental  and psychiatric conditions and
histories of inmates under consideration by the governor for  pardon  or
commutation  of sentence and of applicants for restoration of the rights
of citizenship;
  9. for the purpose of any investigation in the performance  of  duties
made  by it or any member thereof, have the power to issue subpoenas, to
compel the attendance of witnesses and the production of books,  papers,
and other documents pertinent to the subject of its inquiry;
  10.  have the power to authorize any members thereof and hearing offi-
cers to administer oaths and take the testimony of persons under oath;
  11. make rules for the conduct of its work, a copy of such  rules  and
of any amendments thereto to be filed by the chairman with the secretary
of state;
  12.  [in any case where a person is entitled to jail time credit under
the provisions of paragraph (c) of subdivision three of section 70.40 of
the penal law, to certify to the person in charge of the institution  in
which  such person's sentence is being served the amount of such credit]

S. 2812--C                         75                         A. 4012--C

TO FACILITATE THE SUPERVISION  OF  ALL  INMATES  RELEASED  ON  COMMUNITY
SUPERVISION THE CHAIRMAN OF THE STATE BOARD OF PAROLE SHALL CONSIDER THE
IMPLEMENTATION  OF  A  PROGRAM OF GRADUATED SANCTIONS, INCLUDING BUT NOT
LIMITED  TO  THE  UTILIZATION  OF A RISK AND NEEDS ASSESSMENT INSTRUMENT
THAT WOULD BE ADMINISTERED TO ALL INMATES  ELIGIBLE  FOR  PAROLE  SUPER-
VISION.  SUCH  A  PROGRAM WOULD INCLUDE VARIOUS COMPONENTS INCLUDING THE
USE OF ALTERNATIVES TO INCARCERATION FOR TECHNICAL PAROLE VIOLATIONS;
  13. transmit a report of the work of the state board of parole for the
preceding calendar year to the governor and the legislature annually;
  14. notwithstanding any other provision of law to the contrary,  where
a  person  serving  a  sentence  for  an  offense defined in article one
hundred thirty, one hundred thirty-five or two  hundred  sixty-three  of
the  penal  law or section 255.25, 255.26 or 255.27 of the penal law and
the victim of such offense was under the age of eighteen at the time  of
such offense or such person has been designated a level three sex offen-
der  pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law, is released  on  parole  or  conditionally  released
pursuant  to  subdivision  one  or  two of this section, the board shall
require, as a mandatory condition of such release, that  such  sentenced
offender  shall  refrain from knowingly entering into or upon any school
grounds, as that term is defined  in  subdivision  fourteen  of  section
220.00  of the penal law, or any other facility or institution primarily
used for the care or treatment of persons  under  the  age  of  eighteen
while one or more of such persons under the age of eighteen are present,
provided  however,  that  when  such  sentenced offender is a registered
student or participant or an employee of such facility or institution or
entity contracting therewith or has a family  member  enrolled  in  such
facility  or  institution, such sentenced offender may, with the written
authorization of his or her parole officer  and  the  superintendent  or
chief administrator of such facility, institution or grounds, enter such
facility,  institution  or  upon  such  grounds for the limited purposes
authorized by the parole officer and superintendent  or  chief  officer.
Nothing in this subdivision shall be construed as restricting any lawful
condition of supervision that may be imposed on such sentenced offender.
  15.  Notwithstanding any other provision of law to the contrary, where
a person is serving a sentence for an offense for which registration  as
a  sex  offender  is  required  pursuant  to subdivision two or three of
section one hundred sixty-eight-a of the correction law, and the  victim
of  such  offense  was  under  the  age  of eighteen at the time of such
offense or such person has been designated a level  three  sex  offender
pursuant  to subdivision six of section one hundred sixty-eight-l of the
correction law or the internet was used to facilitate the commission  of
the  crime,  is released on parole or conditionally released pursuant to
subdivision one or two of this section,  the  board  shall  require,  as
mandatory conditions of such release, that such sentenced offender shall
be  prohibited  from using the internet to access pornographic material,
access a commercial social networking website,  communicate  with  other
individuals or groups for the purpose of promoting sexual relations with
persons  under  the age of eighteen, and communicate with a person under
the age of eighteen when such offender is  over  the  age  of  eighteen,
provided  that  the  board may permit an offender to use the internet to
communicate with a person under the age of eighteen when  such  offender
is  the  parent  of  a  minor child and is not otherwise prohibited from
communicating with such child. Nothing  in  this  subdivision  shall  be
construed  as restricting any other lawful condition of supervision that
may be imposed on such sentenced offender. As used in this  subdivision,

S. 2812--C                         76                         A. 4012--C

a "commercial social networking website" shall mean any business, organ-
ization  or  other entity operating a website that permits persons under
eighteen years of age to be registered users for the purpose  of  estab-
lishing  personal  relationships  with  other  users, where such persons
under eighteen years of age may: (i) create web pages or  profiles  that
provide  information  about  themselves where such web pages or profiles
are available to the public or to other users; (ii) engage in direct  or
real time communication with other users, such as a chat room or instant
messenger;  and  (iii)  communicate  with persons over eighteen years of
age; provided, however,  that,  for  purposes  of  this  subdivision,  a
commercial  social  networking  website shall not include a website that
permits users to engage in such other activities as are  not  enumerated
herein.
  15-a.  Notwithstanding  any  other provision of law, where a person is
serving a sentence for a violation of section 120.03, 120.04,  120.04-a,
125.12,  125.13  or  125.14  of the penal law, or a felony as defined in
paragraph (c) of subdivision one of section eleven hundred  ninety-three
of  the vehicle and traffic law, if such person is released on parole or
conditional release the board shall require as a mandatory condition  of
such  release, that such person install and maintain, in accordance with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic law, an ignition interlock device in any motor vehicle owned  or
operated  by  such  person during the term of such parole or conditional
release for such crime. Provided further, however,  the  board  may  not
otherwise authorize the operation of a motor vehicle by any person whose
license  or privilege to operate a motor vehicle has been revoked pursu-
ant to the provisions of the vehicle and traffic law.
  16. [have the duty to provide written notice to such inmates prior  to
release  on presumptive release, parole, parole supervision, conditional
release or post release supervision or pursuant to  subdivision  six  of
section  410.91  of  the  criminal  procedure  law of any requirement to
report to the office of victim services any funds of a convicted  person
as  defined  in  section  six  hundred thirty-two-a of this chapter, the
procedure for such reporting and any potential penalty for a failure  to
comply.
  17. have the duty, prior to the release, parole or release to post-re-
lease  supervision  of  an  inmate  designated  a level two or three sex
offender pursuant to the  sex  offender  registration  act,  to  provide
notification  to  the  local  social  services district in the county in
which the inmate expects to reside, when information  available  to  the
board  pursuant  to  section one hundred sixty-eight-e of the correction
law or any other pre-release procedures indicates that  such  inmate  is
likely to seek to access local social services for homeless persons. The
board  shall  provide such notice, when practicable, thirty days or more
before such inmate's release, but in  any  event,  in  advance  of  such
inmate's  arrival  in  the  jurisdiction  of  such local social services
district] DETERMINE WHICH INMATES SERVING A DEFINITE SENTENCE OF  IMPRI-
SONMENT MAY BE CONDITIONALLY RELEASED FROM AN INSTITUTION IN WHICH HE OR
SHE  IS  CONFINED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION 70.40 OF
THE PENAL LAW.
  17. WITHIN AMOUNTS APPROPRIATED, APPOINT ATTORNEYS  TO  SERVE  AS  ITS
LEGAL  ADVISORS.  SUCH  ATTORNEYS  SHALL  REPORT  DIRECTLY TO THE BOARD,
PROVIDED, HOWEVER, THAT ADMINISTRATIVE MATTERS OF GENERAL  APPLICABILITY
WITHIN THE DEPARTMENT SHALL BE APPLICABLE TO SUCH ATTORNEYS.
  S 38-b-1. Intentionally omitted.

S. 2812--C                         77                         A. 4012--C

  S  38-b-2. Section 259-d of the executive law, as added by chapter 904
of the laws of 1977, subdivision 1 as amended by chapter 166 of the laws
of 1991, is amended to read as follows:
  S 259-d. Hearing  officers.  1.  The  [chairman of the] state board of
parole shall appoint AND SHALL HAVE THE POWER TO REMOVE,  IN  ACCORDANCE
WITH THE PROVISIONS OF THE CIVIL SERVICE LAW, hearing officers who shall
be  authorized  to conduct parole revocation proceedings.  HEARING OFFI-
CERS SHALL FUNCTION INDEPENDENTLY OF THE  DEPARTMENT  REGARDING  ALL  OF
THEIR DECISION-MAKING FUNCTIONS, AND SHALL REPORT DIRECTLY TO THE BOARD,
PROVIDED,  HOWEVER, THAT ADMINISTRATIVE MATTERS OF GENERAL APPLICABILITY
WITHIN THE DEPARTMENT SHALL BE APPLICABLE TO  ALL  HEARING  OFFICERS.  A
hearing  officer  conducting such proceedings shall, when delegated such
authority by the board in rules adopted by the  board,  be  required  to
make  a  written decision in accordance with standards and rules adopted
by the board. Nothing in this article shall  be  deemed  to  preclude  a
member  of  the  state  board of parole from exercising all of the func-
tions, powers and duties of a hearing officer upon request of the chair-
man.
  2. The [chairman] BOARD, acting in cooperation with the civil  service
commission, shall establish standards, preliminary requisites and requi-
sites  to govern the selection [and], appointment AND REMOVAL of hearing
officers. Such standards and requisites shall be designed to assure that
persons selected as hearing officers have the ability to conduct  parole
revocation  proceedings fairly and impartially. Such standards shall not
require prior experience as a parole officer.  THE BOARD SHALL HAVE  THE
AUTHORITY TO ESTABLISH PROCEDURES NECESSARY TO IMPLEMENT THIS SECTION.
  S 38-c. Section 259-e of the executive law, as amended by section 8 of
part E of chapter 62 of the laws of 2003, is amended to read as follows:
  S  259-e.  Institutional  parole  services.  The [division] DEPARTMENT
shall provide institutional parole services. [Subject to  the  authority
of  the  chairman,  these]  SUCH  SERVICES  shall include preparation of
reports and other data required by the state  board  of  parole  in  the
exercise  of  its  functions  with  respect  to  release  on presumptive
release, parole, conditional  release  or  post-release  supervision  of
inmates. Employees of the [division] DEPARTMENT who collect data, inter-
view inmates and prepare reports for the state board of parole in insti-
tutions  under  the  jurisdiction  of  the  department  [of correctional
services] shall [not] work under the direct [or indirect] supervision of
the [head of the institution] DEPUTY COMMISSIONER OF THE  DEPARTMENT  IN
CHARGE  OF  PROGRAM  SERVICES.  DATA  AND REPORTS SUBMITTED TO THE BOARD
SHALL ADDRESS THE STATUTORY FACTORS TO BE CONSIDERED BY THE BOARD PURSU-
ANT TO THE RELEVANT PROVISIONS OF SECTION TWO  HUNDRED  FIFTY-NINE-I  OF
THIS ARTICLE.
  S 38-d. Section 259-f of the executive law is REPEALED.
  S 38-e. Section 259-g of the executive law is REPEALED.
  S  38-f.  Subdivision  1  of  section  259-i  of  the executive law is
REPEALED.
  S 38-f-1.  Paragraphs (a), (b) and (d) and subparagraph (A)  of  para-
graph (c) of subdivision 2, subparagraphs (i) and (iii) of paragraph (a)
of  subdivision  3,  subparagraph (x) of paragraph (f) of subdivision 3,
and paragraph (i) of subdivision 3 of section  259-i  of  the  executive
law,  paragraph (a) of subdivision 2 as separately amended by section 11
of part E and section 9 of part F of chapter 62 of  the  laws  of  2003,
paragraph  (b)  of  subdivision  2, subparagraph (i) of paragraph (a) of
subdivision 3 and paragraph (i) of subdivision 3 as amended  by  section
11  of  part  E  of  chapter 62 of the laws of 2003, subparagraph (A) of

S. 2812--C                         78                         A. 4012--C

paragraph (c) of subdivision 2 as amended by section 12 of part  AAA  of
chapter  56  of  the  laws  of  2009,  paragraph (d) of subdivision 2 as
amended by chapter 239 of the laws of 2007, subparagraph (iii) of  para-
graph  (a) of subdivision 3, as amended by section 11 of part E of chap-
ter 62 of the laws of 2003 and as renumbered by section 1 of part  M  of
chapter  56  of  the  laws of 2009, subparagraph (x) of paragraph (f) of
subdivision 3 as amended by section 3 of part E of  chapter  56  of  the
laws of 2007, are amended to read as follows:
  (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which  an  inmate  may  be  paroled
pursuant  to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules  of  the  board  shall  personally
interview  such  inmate  and  determine  whether he should be paroled in
accordance with the guidelines adopted pursuant to subdivision  four  of
section  two  hundred  fifty-nine-c  of  this  article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such  denial
of  parole.  Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than  twenty-four  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall  be  the  same.  If  the  inmate  is
released,  he  shall  be  given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a  court  of
competent  jurisdiction  that  applies  to  the  parolee.  The [board of
parole] CONDITIONS shall indicate which  restitution  collection  agency
established  under  subdivision  eight of section 420.10 of the criminal
procedure law, shall  be  responsible  for  collection  of  restitution,
mandatory  surcharge,  sex  offender  registration fees and DNA databank
fees as provided for in section 60.35 of the penal law and section eigh-
teen hundred nine of the vehicle and traffic law.
  (ii) Any inmate who is scheduled for presumptive release  pursuant  to
section  eight hundred six of the correction law shall not appear before
the [parole] board as provided in subparagraph  (i)  of  this  paragraph
unless   such  inmate's  scheduled  presumptive  release  is  forfeited,
canceled, or rescinded subsequently as provided in  such  law.  In  such
event,  the  inmate  shall  appear before the [parole] board for release
consideration as provided in subparagraph (i) of this paragraph as  soon
thereafter as is practicable.
  (b) Persons presumptively released, paroled, conditionally released or
released  to  post-release  supervision  from  an  institution under the
jurisdiction of  the  department  [of  correctional  services  or],  the
department  of  mental  hygiene  OR  THE  OFFICE  OF CHILDREN AND FAMILY
SERVICES  shall,  while  on  presumptive  release,  parole,  conditional
release  or  post-release  supervision,  be  in the legal custody of the
[division of parole] DEPARTMENT until expiration of the maximum term  or
period  of sentence, or expiration of the period of supervision, includ-
ing any period of post-release supervision, or return to IMPRISONMENT IN
the custody of the department [of correctional services],  as  the  case
may be.
  (A)  Discretionary  release on parole shall not be granted merely as a
reward for  good  conduct  or  efficient  performance  of  duties  while
confined  but  after  considering  if  there is a reasonable probability
that, if such inmate is released, he will live  and  remain  at  liberty
without violating the law, and that his release is not incompatible with

S. 2812--C                         79                         A. 4012--C

the  welfare of society and will not so deprecate the seriousness of his
crime as to undermine respect for law.  In  making  the  parole  release
decision,  the  [guidelines]  PROCEDURES adopted pursuant to subdivision
four  of  section two hundred fifty-nine-c of this article shall require
that the following be considered: (i) the institutional record including
program goals and  accomplishments,  academic  achievements,  vocational
education,  training  or  work  assignments,  therapy and [interpersonal
relationships] INTERACTIONS with staff and inmates; (ii) performance, if
any, as a participant in a  temporary  release  program;  (iii)  release
plans  including community resources, employment, education and training
and support services available to the inmate; (iv) any deportation order
issued by the federal government against the inmate while in the custody
of the department [of  correctional  services]  and  any  recommendation
regarding  deportation  made  by  the commissioner of the department [of
correctional services] pursuant to section one  hundred  forty-seven  of
the  correction  law;  (v)  any statement made to the board by the crime
victim or  the  victim's  representative,  where  the  crime  victim  is
deceased  or  is  mentally  or  physically incapacitated; [and] (vi) the
length of the determinate sentence to which the inmate would be  subject
had  he  or she received a sentence pursuant to section 70.70 or section
70.71 of the penal law for a felony defined in article two hundred twen-
ty or article two hundred twenty-one of the penal law; (VII)  THE  SERI-
OUSNESS  OF  THE OFFENSE WITH DUE CONSIDERATION TO THE TYPE OF SENTENCE,
LENGTH OF SENTENCE AND RECOMMENDATIONS  OF  THE  SENTENCING  COURT,  THE
DISTRICT  ATTORNEY,  THE  ATTORNEY  FOR  THE  INMATE,  THE  PRE-SENTENCE
PROBATION REPORT AS WELL AS CONSIDERATION OF ANY MITIGATING  AND  AGGRA-
VATING  FACTORS,  AND  ACTIVITIES FOLLOWING ARREST PRIOR TO CONFINEMENT;
AND (VIII) PRIOR CRIMINAL RECORD, INCLUDING THE NATURE  AND  PATTERN  OF
OFFENSES, ADJUSTMENT TO ANY PREVIOUS PROBATION OR PAROLE SUPERVISION AND
INSTITUTIONAL  CONFINEMENT.  The board shall provide toll free telephone
access for crime victims. In the case  of  an  oral  statement  made  in
accordance with subdivision one of section 440.50 of the criminal proce-
dure  law, the parole board member shall present a written report of the
statement to the parole board. A  crime  victim's  representative  shall
mean  the  crime  victim's  closest surviving relative, the committee or
guardian of such person, or the legal representative of any such person.
Such statement submitted by the victim or  victim's  representative  may
include  information  concerning  threatening  or  intimidating  conduct
toward the victim, the victim's representative, or the victim's  family,
made  by  the  person sentenced and occurring after the sentencing. Such
information may include, but need not be limited to, the threatening  or
intimidating conduct of any other person who or which is directed by the
person  sentenced.  [Notwithstanding  the provisions of this section, in
making the parole release decision for persons whose minimum  period  of
imprisonment was not fixed pursuant to the provisions of subdivision one
of this section, in addition to the factors listed in this paragraph the
board  shall consider the factors listed in paragraph (a) of subdivision
one of this section.]
  (d) (i) Notwithstanding the provisions of paragraphs (a), (b) and  (c)
of  this  subdivision, after the inmate has served his minimum period of
imprisonment imposed by the court, or at any  time  after  the  inmate's
period of imprisonment has commenced for an inmate serving a determinate
or  indeterminate term of imprisonment, provided that the inmate has had
a final order of deportation issued against  him  and  provided  further
that  the  inmate is not convicted of either an A-I felony offense other
than an A-I felony offense as defined in article two hundred  twenty  of

S. 2812--C                         80                         A. 4012--C

the penal law or a violent felony offense as defined in section 70.02 of
the  penal  law,  if  the inmate is subject to deportation by the United
States  BUREAU  OF  Immigration  and  [Naturalization  Service]  CUSTOMS
ENFORCEMENT,  in  addition to the criteria set forth in paragraph (c) of
this subdivision, the board may consider, as a factor warranting earlier
release, the fact that such inmate  will  be  deported,  and  may  grant
parole  from an indeterminate sentence or release for deportation from a
determinate sentence to such  inmate  conditioned  specifically  on  his
prompt  deportation.  The board may make such conditional grant of early
parole from an indeterminate sentence or release for deportation from  a
determinate  sentence  only where it has received from the United States
BUREAU OF Immigration and [Naturalization Service]  CUSTOMS  ENFORCEMENT
assurance  (A)  that  an  order  of deportation will be executed or that
proceedings will promptly be commenced for the  purpose  of  deportation
upon release of the inmate from the custody of the department of correc-
tional  services,  and (B) that the inmate, if granted parole or release
for deportation pursuant to this paragraph, will not  be  released  from
the  custody of the United States BUREAU OF Immigration and [Naturaliza-
tion Service] CUSTOMS ENFORCEMENT, unless such release be as a result of
deportation without providing the  board  a  reasonable  opportunity  to
arrange for execution of its warrant for the retaking of such person.
  (ii)  An  inmate  who  has  been  granted parole from an indeterminate
sentence or release for deportation from a determinate sentence pursuant
to this paragraph shall be delivered to the custody of the United States
BUREAU OF Immigration and [Naturalization Service]  CUSTOMS  ENFORCEMENT
along  with  the  board's warrant for his retaking to be executed in the
event of his release from such custody other than by deportation. In the
event that such person is not deported,  the  board  shall  execute  the
warrant, effect his return to IMPRISONMENT IN the custody of the depart-
ment [of correctional services] and within sixty days after such return,
provided  that  the  person is serving an indeterminate sentence and the
minimum period of imprisonment has been served, personally interview him
to determine whether  he  should  be  paroled  in  accordance  with  the
provisions  of  paragraphs  (a),  (b)  and  (c) of this subdivision. The
return of a person granted parole  from  an  indeterminate  sentence  or
release  for  deportation  from  a determinate sentence pursuant to this
paragraph for the reason set forth herein shall not be deemed  to  be  a
parole  delinquency and the interruptions specified in subdivision three
of section 70.40 of the penal law shall not apply, but the time spent in
the custody of the United States BUREAU OF Immigration and  [Naturaliza-
tion  Service] CUSTOMS ENFORCEMENT shall be credited against the term of
the sentence in accordance with the rules specified in paragraph (c)  of
that  subdivision.    Notwithstanding  any  other  provision of law, any
inmate granted parole from an  indeterminate  sentence  or  release  for
deportation  from  a determinate sentence pursuant to this paragraph who
is subsequently committed to IMPRISONMENT IN the custody of the  depart-
ment  [of  correctional  services]  for a felony offense committed after
release pursuant to this paragraph shall  have  his  parole  eligibility
date  on  the  indeterminate sentence for the new felony offense, or his
conditional release date on the determinate sentence for the new  felony
offense,  as the case may be, extended by the amount of time between the
date on which such inmate was released from IMPRISONMENT IN the  custody
of  the department [of correctional services] pursuant to this paragraph
and the date on which such inmate would otherwise have completed service
of the minimum period of imprisonment on the prior felony offense.

S. 2812--C                         81                         A. 4012--C

  (i) If the parole officer having charge of a  presumptively  released,
paroled  or  conditionally released person or a person released to post-
release supervision or a person received under the uniform act for  out-
of-state parolee supervision shall have reasonable cause to believe that
such  person  has  lapsed into criminal ways or company, or has violated
one or more conditions of his presumptive release,  parole,  conditional
release  or  post-release  supervision, such parole officer shall report
such fact to a member of the board [of parole], or to any officer of the
[division] DEPARTMENT designated by the board, and thereupon  a  warrant
may  be  issued  for  the  retaking of such person and for his temporary
detention in accordance with the rules of the board.  The  retaking  and
detention of any such person may be further regulated by rules and regu-
lations of the [division] DEPARTMENT not inconsistent with this article.
A  warrant  issued  pursuant to this section shall constitute sufficient
authority to the superintendent or other person in charge of  any  jail,
penitentiary, lockup or detention pen to whom it is delivered to hold in
temporary  detention  the  person  named  therein; except that a warrant
issued with respect to a person who has been released on medical  parole
pursuant  to  section two hundred fifty-nine-r of this article and whose
parole is being revoked pursuant to paragraph (h) of subdivision four of
such section shall constitute authority for the immediate  placement  of
the  parolee only into IMPRISONMENT IN the custody of the department [of
correctional services] to hold in temporary detention. A warrant  issued
pursuant  to  this section shall also constitute sufficient authority to
the person in charge of a drug treatment campus, as defined in  subdivi-
sion  twenty  of  section  two of the correction law, to hold the person
named therein, in accordance with the procedural  requirements  of  this
section,  for  a period of at least ninety days to complete an intensive
drug treatment program mandated by the board [of parole] as an  alterna-
tive to presumptive release or parole or conditional release revocation,
or the revocation of post-release supervision, and shall also constitute
sufficient  authority  for  return  of the person named therein to local
custody  to  hold  in  temporary  detention   for   further   revocation
proceedings  in the event said person does not successfully complete the
intensive drug treatment program. The board's rules  shall  provide  for
cancellation  of  delinquency  and  restoration  to supervision upon the
successful completion of the program.
  (iii) Where the alleged violator is detained in another state pursuant
to such warrant and is not under  parole  supervision  pursuant  to  the
uniform  act  for  out-of-state  parolee supervision or where an alleged
violator under parole supervision pursuant to the uniform act  for  out-
of-state  parolee  supervision  is  detained  in  a state other than the
receiving state, the warrant will not be deemed to be executed until the
alleged violator is detained exclusively on the basis  of  such  warrant
and  the  [division of parole] DEPARTMENT has received notification that
the alleged violator (A) has formally waived extradition to  this  state
or  (B) has been ordered extradited to this state pursuant to a judicial
determination.  The alleged violator will not be considered to be within
the convenience and  practical  control  of  the  [division  of  parole]
DEPARTMENT until the warrant is deemed to be executed.
  (x)  If  the presiding officer is satisfied that there is a preponder-
ance of evidence that the alleged violator violated one or  more  condi-
tions  of  release in an important respect, he or she shall so find. For
each violation so found, the presiding officer may (A) direct  that  the
presumptive  releasee, parolee, conditional releasee or person serving a
period of post-release supervision be restored to supervision; (B) as an

S. 2812--C                         82                         A. 4012--C

alternative to reincarceration, direct the presumptive  releasee,  paro-
lee,  conditional  releasee  or  person serving a period of post-release
supervision be placed in a parole transition facility for a  period  not
to  exceed  one hundred eighty days and subsequent restoration to super-
vision; (C) in the case of presumptive  releasees,  parolees  or  condi-
tional  releasees,  direct the violator's reincarceration and fix a date
for consideration by the board for re-release on presumptive release, or
parole or conditional release, as the case may be; or (D) in the case of
persons released to a period of  post-release  supervision,  direct  the
violator's  reincarceration up to the balance of the remaining period of
post-release supervision, not to exceed five years;  provided,  however,
that  a  defendant  serving  a  term  of  post-release supervision for a
conviction of a felony sex offense defined in section 70.80 of the penal
law may be subject to a further period of imprisonment up to the balance
of the remaining period of post-release supervision. [Where a  date  has
been  fixed for the violator's re-release on presumptive release, parole
or conditional release, as the case may be, the board  or  board  member
may  waive  the  personal  interview  between a member or members of the
board and the violator to  determine  the  suitability  for  re-release;
provided,  however, that the board shall retain the authority to suspend
the date fixed for re-release and to require a personal interview  based
on  the  violator's  institutional  record  or on such other basis as is
authorized by the rules and regulations of the board. If an interview is
required, the board shall notify the violator of the time of such inter-
view in accordance with the rules and regulations of the board.  If  the
violator is placed in a parole transition facility or restored to super-
vision,  the  presiding  officer  may  impose  such  other conditions of
presumptive release, parole, conditional release, or post-release super-
vision as he or she may deem appropriate, as authorized by rules of  the
board]  FOR  THE  VIOLATOR  SERVING  AN INDETERMINATE SENTENCE WHO WHILE
RE-INCARCERATED HAS NOT BEEN FOUND BY THE DEPARTMENT TO HAVE COMMITTED A
SERIOUS DISCIPLINARY INFRACTION, SUCH VIOLATOR SHALL BE  RE-RELEASED  ON
THE  DATE  FIXED  AT THE REVOCATION HEARING. FOR THE VIOLATOR SERVING AN
INDETERMINATE SENTENCE WHO HAS BEEN FOUND  BY  THE  DEPARTMENT  TO  HAVE
COMMITTED  A  SERIOUS DISCIPLINARY INFRACTION WHILE RE-INCARCERATED, THE
DEPARTMENT SHALL REFER THE VIOLATOR TO THE BOARD FOR  CONSIDERATION  FOR
RE-RELEASE  TO  COMMUNITY  SUPERVISION. UPON SUCH REFERRAL THE BOARD MAY
WAIVE THE PERSONAL INTERVIEW BETWEEN A MEMBER OR MEMBERS  OF  THE  BOARD
AND  THE  VIOLATOR  TO DETERMINE THE SUITABILITY FOR RE-RELEASE WHEN THE
BOARD DIRECTS THAT THE VIOLATOR BE RE-RELEASED UPON  EXPIRATION  OF  THE
TIME  ASSESSMENT.  THE  BOARD  SHALL RETAIN THE AUTHORITY TO SUSPEND THE
DATE FIXED FOR RE-RELEASE BASED ON THE VIOLATOR'S COMMISSION OF A  SERI-
OUS  DISCIPLINARY  INFRACTION  AND SHALL IN SUCH CASE REQUIRE A PERSONAL
INTERVIEW BE CONDUCTED WITHIN A  REASONABLE  TIME  BETWEEN  A  PANEL  OF
MEMBERS  OF  THE  BOARD  AND  THE  VIOLATOR TO DETERMINE SUITABILITY FOR
RE-RELEASE. IF AN INTERVIEW IS REQUIRED,  THE  BOARD  SHALL  NOTIFY  THE
VIOLATOR IN ADVANCE OF THE DATE AND TIME OF SUCH INTERVIEW IN ACCORDANCE
WITH THE RULES AND REGULATIONS OF THE BOARD.
  (i)  Where  there  is  reasonable  cause to believe that a presumptive
releasee, parolee, conditional releasee  or  person  under  post-release
supervision  has  absconded  from supervision the board may declare such
person to be delinquent. This paragraph shall not be construed  to  deny
such  person  a preliminary revocation hearing upon his retaking, nor to
relieve the [division of parole] DEPARTMENT of  any  obligation  it  may
have  to  exercise due diligence to retake the alleged absconder, nor to

S. 2812--C                         83                         A. 4012--C

relieve the parolee or releasee of any obligation he may have to  comply
with the conditions of his release.
  S 38-f-2. Paragraph (a) of subdivision 2 of section 259-i of the exec-
utive  law, as amended by chapter 396 of the laws of 1987, is amended to
read as follows:
  (a) At least one month prior to the expiration of the  minimum  period
or  periods  of  imprisonment  fixed  by the court or board, a member or
members as determined by the rules of the board shall personally  inter-
view  an  inmate serving an indeterminate sentence and determine whether
he should be paroled at the expiration of the minimum period or  periods
in  accordance  with  the  [guidelines]  PROCEDURES  adopted pursuant to
subdivision four of section two hundred fifty-nine-c. If parole  is  not
granted upon such review, the inmate shall be informed in writing within
two  weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not  in  conclusory
terms.   The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the  procedures  to  be
followed  upon  reconsideration  shall  be  the  same.  If the inmate is
released, he shall be given a copy of the  conditions  of  parole.  Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order and mandatory surcharge previously
imposed  by  a court of competent jurisdiction that applies to the paro-
lee. The [board of parole] CONDITIONS shall indicate  which  restitution
collection  agency established under subdivision eight of section 420.10
of the criminal procedure law, shall be responsible  for  collection  of
restitution  and mandatory surcharge as provided for in section 60.35 of
the penal law and section eighteen hundred nine of the vehicle and traf-
fic law.
  S 38-g. Section 259-j of the executive law, as separately  amended  by
section  10  of part F and section 1 of part N of chapter 62 of the laws
of 2003, the section heading, subdivisions 1, 3  and  4  as  amended  by
section  13  of  part AAA of chapter 56 of the laws of 2009, subdivision
3-a as amended by chapter 486 of the laws of 2008 and subdivision  6  as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  S 259-j. [Merit termination of sentence and discharge from presumptive
release,  parole, conditional release and release to post-release super-
vision. 1. The division of parole may grant to any person a merit termi-
nation of sentence from presumptive release, parole, conditional release
or release to post-release supervision prior to the  expiration  of  the
full  term or maximum term, provided it is determined by the division of
parole that such merit termination is in the best interests of  society,
such  person  is  not required to register as a sex offender pursuant to
article six-C of the correction law, and such person is not on  presump-
tive  release,  parole,  conditional  release or release to post-release
supervision from a term of imprisonment imposed for any of the following
offenses, or for an attempt to commit any of the following offenses:
  (a) a violent felony offense as defined in section 70.02 of the  penal
law;
  (b) murder in the first degree or murder in the second degree;
  (c) an offense defined in article one hundred thirty of the penal law;
  (d) unlawful imprisonment in the first degree, kidnapping in the first
degree,  or kidnapping in the second degree, in which the victim is less
than seventeen years old and the offender  is  not  the  parent  of  the
victim;
  (e)  an offense defined in article two hundred thirty of the penal law
involving the prostitution of a person less than nineteen years old;

S. 2812--C                         84                         A. 4012--C

  (f) disseminating indecent material to minors in the first  degree  or
disseminating indecent material to minors in the second degree;
  (g) incest;
  (h) an offense defined in article two hundred sixty-three of the penal
law;
  (i) a hate crime as defined in section 485.05 of the penal law; or
  (j)  an  offense  defined  in article four hundred ninety of the penal
law.
  2. A merit termination granted by the division of  parole  under  this
section  shall  constitute a termination of the sentence with respect to
which it was granted. No such merit termination shall be granted  unless
the  division  of  parole is satisfied that termination of sentence from
presumptive release, parole or from conditional release is in  the  best
interest  of society, and that the parolee or releasee, otherwise finan-
cially able to comply with an order of restitution and  the  payment  of
any  mandatory  surcharge  previously  imposed  by  a court of competent
jurisdiction, has made a good faith effort to comply therewith.
  3. A merit termination of sentence may be granted after two  years  of
presumptive  release, parole, conditional release or release to post-re-
lease supervision to a person serving a sentence for a  class  A  felony
offense  as  defined  in  article two hundred twenty of the penal law. A
merit termination of sentence may  be  granted  to  all  other  eligible
persons  after  one  year  of  presumptive  release, parole, conditional
release or release to post-release supervision.
  3-a. The division of parole must grant termination of  sentence  after
three years of unrevoked presumptive release or parole to a person serv-
ing  an  indeterminate  sentence for a class A felony offense defined in
article two hundred twenty of the penal law, and must grant  termination
of  sentence  after two years of unrevoked presumptive release or parole
to a person serving an  indeterminate  sentence  for  any  other  felony
offense  defined in article two hundred twenty or two hundred twenty-one
of the penal law.
  4] DISCHARGE OF SENTENCE.  1. Except where a determinate sentence  was
imposed  for a felony other than a felony defined in article two hundred
twenty or article two hundred twenty-one of the penal law, if the  board
of  parole  is  satisfied  that  an  absolute discharge from presumptive
release, parole, conditional release or release to a period of  post-re-
lease  supervision  is  in  the best interests of society, the board may
grant such a discharge prior to the expiration of the full term or maxi-
mum term to any person who has been on unrevoked  [presumptive  release,
parole, conditional release or release to post-release] COMMUNITY super-
vision  for  at least three consecutive years. A discharge granted under
this section shall constitute a termination of the sentence with respect
to which it was granted. No such discharge shall be granted  unless  the
board  [of  parole] is satisfied that the parolee or releasee, otherwise
financially able to comply with an order of restitution and the  payment
of  any  mandatory surcharge, sex offender registration fee or DNA data-
bank fee previously imposed by a court of  competent  jurisdiction,  has
made a good faith effort to comply therewith.
  [5]  2. The chairman of the board of parole shall promulgate rules and
regulations governing the issuance of [merit  terminations  of  sentence
and]  discharges  from  [presumptive  release,  parole  and  conditional
release] COMMUNITY SUPERVISION PURSUANT TO THIS SECTION to  assure  that
such [terminations and] discharges are consistent with public safety.
  [6.]  3.  Notwithstanding  any  other provision of this section to the
contrary, where a term of post-release supervision  in  excess  of  five

S. 2812--C                         85                         A. 4012--C

years has been imposed on a person convicted of a crime defined in arti-
cle  one hundred thirty of the penal law, including a sexually motivated
felony, the [division] BOARD of parole may grant a discharge from  post-
release supervision prior to the expiration of the maximum term of post-
release  supervision.  Such  a  discharge  may be granted only after the
person has served at least five years of post-release  supervision,  and
only  to a person who has been on unrevoked post-release supervision for
at least three consecutive years. No such  discharge  shall  be  granted
unless  the  [division]  BOARD of parole[: (a)] OR THE DEPARTMENT ACTING
PURSUANT TO ITS RESPONSIBILITY UNDER  SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  ONE  OF  THE CORRECTION LAW consults with any licensed psychol-
ogist, qualified psychiatrist, or other mental health  professional  who
is  providing  care or treatment to the supervisee; [(b)] AND THE BOARD:
(A) determines that a discharge from post-release supervision is in  the
best  interests of society; and [(c)] (B) is satisfied that the supervi-
see, otherwise financially able to comply with an order  of  restitution
and  the  payment  of any mandatory surcharge, sex offender registration
fee, or DNA data bank fee previously imposed by  a  court  of  competent
jurisdiction,  has  made a good faith effort to comply therewith. Before
making a determination to discharge a person from a period  of  post-re-
lease  supervision,  the [division] BOARD of parole may request that the
commissioner of the office of mental health arrange a psychiatric evalu-
ation of the supervisee. A discharge granted under  this  section  shall
constitute  a  termination  of the sentence with respect to which it was
granted.
  S 38-h. Section 259-jj of the executive law is REPEALED.
  S 38-i. Section 259-k of the executive law, as added by chapter 904 of
the laws of 1977, subdivision 3 as amended by chapter 230 of the laws of
1986, and subdivision 4 as added by chapter 707 of the laws of 1992,  is
amended to read as follows:
  S 259-k. Access  to  records and institutions. 1. All case files shall
be maintained by the [division of parole]  DEPARTMENT  for  use  by  the
[division]  DEPARTMENT and board [of parole].  The [division] DEPARTMENT
and board [of parole] and  authorized  officers  and  employees  thereof
shall  have  complete access to such files and the BOARD OF PAROLE SHALL
HAVE THE right to make such entries as the [division or] board of parole
shall deem appropriate in accordance with law.
  2. The board shall make rules  for  the  purpose  of  maintaining  the
confidentiality  of  records, information contained therein and informa-
tion obtained in an official capacity by officers, employees or  members
of the [division or] board of parole.
  3.  Members  of the board and officers and employees of the [division]
DEPARTMENT PROVIDING COMMUNITY SUPERVISION SERVICES  AND  designated  by
the  [chairman]  COMMISSIONER  shall  have  free  access  to all inmates
confined in institutions under the jurisdiction of  the  department  [of
correctional  services],  THE OFFICE OF CHILDREN AND FAMILY SERVICES and
the department of mental hygiene in order  to  enable  them  to  perform
their  functions,  provided,  however,  that  the  department  of mental
hygiene may temporarily restrict such access where  it  determines,  for
significant  clinical reasons, that such access would interfere with its
care and treatment of the mentally ill inmate. If under  the  provisions
of  this  subdivision  an inmate is not accessible for release consider-
ation by the board, that inmate shall be scheduled to see the  board  in
the  month  immediately  subsequent to the month within which he was not
available.

S. 2812--C                         86                         A. 4012--C

  4. Upon a determination by the  [division]  DEPARTMENT  and  board  of
parole  that  [its]  records regarding an individual presently under the
supervision of the [division and board] DEPARTMENT are  relevant  to  an
investigation  of  child  abuse  or  maltreatment  conducted  by a child
protective  service  pursuant  to title six of article six of the social
services law, the [division] DEPARTMENT  and  board  shall  provide  the
records  determined  to  be  relevant  to  the  child protective service
conducting the investigation. The [division,] DEPARTMENT and board shall
promulgate rules for the transmission of records required to be provided
under this section.
  S 38-j. Section 259-l of the executive law, as added by chapter 904 of
the laws of 1977, is amended to read as follows:
  S 259-l. Cooperation. 1. It shall be the duty of the  commissioner  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION to insure
that all officers and  employees  of  the  department  [of  correctional
services]  shall  at  all  times  cooperate with the [division] BOARD of
parole and shall furnish to such [division,] members of  the  board  [of
parole and officers] and employees of the [division] BOARD such informa-
tion  as  may be [necessary] APPROPRIATE to enable them to perform their
INDEPENDENT DECISION MAKING functions.  IT IS ALSO HIS OR  HER  DUTY  TO
ENSURE  THAT  THE  FUNCTIONS OF THE BOARD OF PAROLE ARE NOT  HAMPERED IN
ANY WAY, INCLUDING BUT  NOT  LIMITED  TO:  A  RESTRICTION  OF  RESOURCES
INCLUDING  STAFF  ASSISTANCE;  LIMITED  ACCESS TO VITAL INFORMATION; AND
PRESENTATION OF INMATE INFORMATION IN A MANNER THAT MAY  INAPPROPRIATELY
INFLUENCE THE BOARD IN ITS DECISION MAKING.
  2.  The  official  in charge of each institution wherein any person is
confined under a definite sentence of  imprisonment,  all  officers  and
employees  thereof  and  all  other  public officials shall at all times
cooperate with the board of parole, and shall furnish to such board, its
officers and employees such information as may be required by the  board
to perform its functions hereunder.  The members of the board, its offi-
cers  and  employees  shall  at  all  times  be given free access to all
persons confined in any such institution under such sentence  and  shall
be furnished with appropriate working space in such institution for such
purpose without charge therefor.
  3. It shall be the duty of the clerk of the court, the commissioner of
mental  hygiene  and  all probation officers and other appropriate offi-
cials to send such information as may be in their  possession  or  under
their  control  to the chairman of the board [of parole] upon request in
order to facilitate the work of the board.
  S 38-k. Section 259-p of the executive law is REPEALED.
  S 38-k-1.  Subdivisions 1, 2, 3, paragraph (b) of subdivision  4,  and
subdivision  6  of section 259-q of the executive law, subdivisions 1, 2
and 6 as added by chapter 904 of the laws of 1977, and subdivision 3  as
amended  and  paragraph  (b) of subdivision 4 as added by chapter 466 of
the laws of 1978, are amended to read as follows:
  1. No civil action shall be brought in any court of the state,  except
by  the  attorney general on behalf of the state, against any officer or
employee of the [division] BOARD OF PAROLE OR FORMER DIVISION OF PAROLE,
in his personal capacity, for damages arising out of any act done or the
failure to perform any act within the scope of the employment and in the
discharge of the duties by such officer or employee.
  2. Any claim for damages arising out of any act done or the failure to
perform any act within the scope of the employment and in the  discharge
of  the  duties  of  any  officer or employee of the [division] BOARD OF

S. 2812--C                         87                         A. 4012--C

PAROLE OR FORMER DIVISION OF PAROLE shall be brought and  maintained  in
the court of claims as a claim against the state.
  3. The state shall save harmless and indemnify any officer or employee
of  the  [division]  BOARD  OF  PAROLE OR FORMER DIVISION OF PAROLE from
financial loss resulting from a claim filed in a  court  of  the  United
States  for damages arising out of an act done or the failure to perform
any act that was (a) within the scope  of  the  employment  and  in  the
discharge of the duties of such officer or employee, and (b) not done or
omitted  with  the intent to violate any rule or regulation of the divi-
sion or of any statute or governing case law of  the  state  or  of  the
United  States at the time the damages were sustained; provided that the
officer or employee shall comply with the provisions of subdivision four
of section seventeen of the public officers law.
  (b) The provisions of this section shall not be construed in  any  way
to  impair,  modify or abrogate any immunity available to any officer or
employee of the [division] BOARD OF PAROLE OR FORMER DIVISION OF  PAROLE
under the statutory or decisional law of the state or the United States.
  6.  The benefits of subdivision three hereof shall inure only to offi-
cers and employees of the [division] BOARD OF PAROLE OR FORMER  DIVISION
OF  PAROLE  and  shall  not  enlarge or diminish the rights of any other
party.
  S 38-l. Section 259-r of the executive law, as added by chapter 55  of
the laws of 1992, the section heading as amended by section 1, paragraph
(b)  of  subdivision 1 as amended by section 3, subdivision 2 as amended
by section 4, and subdivision 4 as amended by section 5  of  part  J  of
chapter  56  of  the  laws  of  2009,  paragraph (a) of subdivision 1 as
amended by section 3 of chapter 495 of the laws of 2009, and subdivision
3 as amended by chapter 503 of the laws of 1994, is amended to  read  as
follows:
  S 259-r. Release on medical parole for terminally ill inmates. 1.  (a)
The  board  shall have the power to release on medical parole any inmate
serving an indeterminate or determinate sentence  of  imprisonment  who,
pursuant  to  subdivision  two of this section, has been certified to be
suffering from a terminal condition, disease or syndrome and  to  be  so
debilitated  or incapacitated as to create a reasonable probability that
he or she is physically  or  cognitively  incapable  of  presenting  any
danger  to society, provided, however, that no inmate serving a sentence
imposed upon a conviction for murder in the first degree or  an  attempt
or conspiracy to commit murder in the first degree shall be eligible for
such  release,  and  provided  further that no inmate serving a sentence
imposed upon a conviction for any of the  following  offenses  shall  be
eligible  for  such  release  unless  in  the  case  of an indeterminate
sentence he or she has served at least one-half of the minimum period of
the sentence and in the case of a determinate sentence  he  or  she  has
served at least one-half of the term of his or her determinate sentence:
murder  in  the  second  degree,  manslaughter  in the first degree, any
offense defined in article one hundred thirty of the  penal  law  or  an
attempt  to  commit  any  of  these  offenses. Solely for the purpose of
determining medical parole eligibility pursuant to  this  section,  such
one-half  of  the  minimum period of the indeterminate sentence and one-
half of the term of the determinate sentence shall not be credited  with
any  time  served  under  the jurisdiction of the [state] department [of
correctional services] prior to the commencement of such sentence pursu-
ant to the opening paragraph of subdivision one of section 70.30 of  the
penal law or subdivision two-a of section 70.30 of the penal law, except

S. 2812--C                         88                         A. 4012--C

to  the  extent  authorized by subdivision three of section 70.30 of the
penal law.
  (b)  Such  release  shall  be  granted  only after the board considers
whether, in light of the inmate's medical condition, there is a  reason-
able  probability  that the inmate, if released, will live and remain at
liberty without violating the law, and that such release is  not  incom-
patible  with the welfare of society and will not so deprecate the seri-
ousness of the crime as to undermine respect for the law, and  shall  be
subject  to  the  limits and conditions specified in subdivision four of
this section. Except as set forth in paragraph (a) of this  subdivision,
such  release  may be granted at any time during the term of an inmate's
sentence, notwithstanding any other provision of law.
  (c) The board  shall  afford  notice  to  the  sentencing  court,  the
district  attorney  and  the  attorney for the inmate that the inmate is
being considered for release pursuant to this section  and  the  parties
receiving  notice  shall  have fifteen days to comment on the release of
the inmate. Release on medical parole shall not  be  granted  until  the
expiration of the comment period provided for in this paragraph.
  2. (a) The commissioner [of correctional services], on the commission-
er's  own  initiative  or  at  the  request of an inmate, or an inmate's
spouse, relative or attorney, may, in the exercise of the commissioner's
discretion, direct that an  investigation  be  undertaken  to  determine
whether  a  diagnosis  should  be  made  of  an inmate who appears to be
suffering from a terminal  condition,  disease  or  syndrome.  Any  such
medical  diagnosis  shall  be  made  by a physician licensed to practice
medicine in this state pursuant to section  sixty-five  hundred  twenty-
four  of  the  education law. Such physician shall either be employed by
the department [of correctional  services],  shall  render  professional
services at the request of the department [of correctional services], or
shall  be employed by a hospital or medical facility used by the depart-
ment [of correctional services] for the medical  treatment  of  inmates.
The  diagnosis  shall  be  reported to the commissioner [of correctional
services] and shall include but shall not be limited to a description of
the terminal condition, disease or syndrome suffered by  the  inmate,  a
prognosis  concerning  the  likelihood  that the inmate will not recover
from such terminal condition, disease or syndrome, a description of  the
inmate's  physical or cognitive incapacity which shall include a predic-
tion respecting the likely duration of the incapacity, and  a  statement
by  the  physician  of whether the inmate is so debilitated or incapaci-
tated as to be severely restricted in his or her ability  to  self-ambu-
late  or  to perform significant normal activities of daily living. This
report also shall include a recommendation of  the  type  and  level  of
services  and  treatment  the  inmate  would  require if granted medical
parole and a recommendation for the  types  of  settings  in  which  the
services and treatment should be given.
  (b) The commissioner, or the commissioner's designee, shall review the
diagnosis  and may certify that the inmate is suffering from such termi-
nal condition, disease or syndrome and that the inmate is so debilitated
or incapacitated as to create a reasonable probability that he or she is
physically or cognitively incapable of presenting any danger to society.
If the commissioner does not so certify then the  inmate  shall  not  be
referred  to  the  board  [of  parole]  for consideration for release on
medical parole. If the commissioner does so certify,  then  the  commis-
sioner  shall,  within  seven working days of receipt of such diagnosis,
refer the inmate to the board [of parole] for consideration for  release
on  medical  parole. However, no such referral of an inmate to the board

S. 2812--C                         89                         A. 4012--C

[of parole] shall be made unless the  inmate  has  been  examined  by  a
physician  and  diagnosed  as  having  a  terminal condition, disease or
syndrome as previously described herein at some time subsequent to  such
inmate's  admission  to a facility operated by the department of correc-
tional services.
  (c) When the commissioner refers an inmate to the board,  the  commis-
sioner  shall  provide  an  appropriate medical discharge plan [jointly]
established by the department [of correctional services and the division
of parole]. The department [of correctional services and the division of
parole are] IS authorized to request assistance from the  department  of
health and from the county in which the inmate resided and committed his
or  her crime, which shall provide assistance with respect to the devel-
opment and implementation  of  a  discharge  plan,  including  potential
placements  of a releasee. The department [of correctional services, the
division of parole] and the department of health shall  jointly  develop
standards  for the medical discharge plan that are appropriately adapted
to the criminal justice setting, based on standards established  by  the
department  of health for hospital medical discharge planning. The board
may postpone its decision pending completion of  an  adequate  discharge
plan, or may deny release based on inadequacy of the discharge plan.
  3.  Any certification by the commissioner or the commissioner's desig-
nee pursuant to this section shall be deemed  a  judicial  function  and
shall not be reviewable if done in accordance with law.
  4.  (a) Medical parole granted pursuant to this section shall be for a
period of six months.
  (b) The board shall require as  a  condition  of  release  on  medical
parole  that  the releasee agree to remain under the care of a physician
while on medical parole and in a hospital established pursuant to  arti-
cle  twenty-eight of the public health law, a hospice established pursu-
ant to article forty of the public health law  or  any  other  placement
that  can  provide  appropriate medical care as specified in the medical
discharge plan required by subdivision two of this section. The  medical
discharge  plan  shall  state that the availability of the placement has
been confirmed, and by whom. Notwithstanding any other provision of law,
when an inmate who qualifies for release under this  section  is  cogni-
tively  incapable  of  signing the requisite documentation to effectuate
the medical discharge plan and, after a diligent search  no  person  has
been identified who could otherwise be appointed as the inmate's guardi-
an by a court of competent jurisdiction, then, solely for the purpose of
implementing  the  medical  discharge plan, the facility health services
director at the facility where  the  inmate  is  currently  incarcerated
shall  be  lawfully  empowered  to  act as the inmate's guardian for the
purpose of effectuating the medical discharge.
  (c) Where appropriate, the board  shall  require  as  a  condition  of
release  that  medical  parolees be supervised on intensive caseloads at
reduced supervision ratios.
  (d) The board shall require as  a  condition  of  release  on  medical
parole  that  the  releasee  undergo periodic medical examinations and a
medical examination at least one month prior to the  expiration  of  the
period  of  medical  parole  and,  for the purposes of making a decision
pursuant to paragraph (e) of this subdivision, that the releasee provide
the board with a report, prepared by  the  treating  physician,  of  the
results of such examination. Such report shall specifically state wheth-
er  or  not  the  parolee continues to suffer from a terminal condition,
disease, or syndrome, and to be so debilitated or incapacitated as to be

S. 2812--C                         90                         A. 4012--C

severely restricted in his or her ability to self-ambulate or to perform
significant normal activities of daily living.
  (e)  Prior to the expiration of the period of medical parole the board
shall review the medical examination report required by paragraph (d) of
this subdivision and may again grant medical  parole  pursuant  to  this
section;  provided,  however,  that  the  provisions of paragraph (c) of
subdivision one and subdivision two of this section shall not apply.
  (f) If the updated medical report presented to the board states that a
parolee released pursuant to this section is no longer so debilitated or
incapacitated as to create a reasonable probability that he  or  she  is
physically  or cognitively incapable of presenting any danger to society
or if the releasee fails to submit the updated medical report  then  the
board  may  not make a new grant of medical parole pursuant to paragraph
(e) of this subdivision. Where the board has not granted medical  parole
pursuant  to such paragraph (e) the board shall promptly conduct through
one of its members, or cause to be conducted by a hearing officer desig-
nated by the board, a hearing  to  determine  whether  the  releasee  is
suffering  from  a  terminal  condition,  disease  or syndrome and is so
debilitated or incapacitated as to create a reasonable probability  that
he  or  she  is  physically  or  cognitively incapable of presenting any
danger to society and does not present a danger to society. If the board
makes such a determination then it may  make  a  new  grant  of  medical
parole  pursuant to the standards of paragraph (b) of subdivision one of
this section. At the hearing, the  releasee  shall  have  the  right  to
representation  by  counsel,  including  the  right,  if the releasee is
financially unable to retain counsel,  to  have  the  appropriate  court
assign  counsel in accordance with the county or city plan for represen-
tation placed in operation pursuant to article eighteen-B of the  county
law.
  (g)  The  hearing  and  determination provided for by paragraph (f) of
this subdivision shall be concluded  within  the  six  month  period  of
medical parole. If the board does not renew the grant of medical parole,
it  shall order that the releasee be returned immediately to the custody
of the department [of correctional services].
  (h) In addition to the procedures set forth in paragraph (f)  of  this
subdivision,  medical  parole may be revoked at any time upon any of the
grounds specified in paragraph (a) of subdivision three of  section  two
hundred  fifty-nine-i of this article, and in accordance with the proce-
dures specified in subdivision three of section two hundred fifty-nine-i
of this article.
  (i) A releasee who is on medical parole and who becomes  eligible  for
parole  pursuant  to  the  provisions  of subdivision two of section two
hundred fifty-nine-i of  this  article  shall  be  eligible  for  parole
consideration pursuant to such subdivision.
  5.  A  denial  of  release  on medical parole or expiration of medical
parole in accordance with the provisions of paragraph (f) of subdivision
four of this section shall not preclude the inmate from  reapplying  for
medical parole or otherwise affect an inmate's eligibility for any other
form of release provided for by law.
  6.  To  the extent that any provision of this section requires disclo-
sure of medical information for the purpose of processing an application
or making a decision, regarding release on medical parole or renewal  of
medical parole, or for the purpose of appropriately supervising a person
released  on medical parole, and that such disclosure would otherwise be
prohibited by article twenty-seven-F  of  the  public  health  law,  the
provisions of this section shall be controlling.

S. 2812--C                         91                         A. 4012--C

  7. The commissioner [of correctional services] and the chairman of the
board  [of  parole]  shall  be  authorized to promulgate rules and regu-
lations for their respective agencies to  implement  the  provisions  of
this section.
  8.  Any  decision  made  by  the board pursuant to this section may be
appealed  pursuant  to  subdivision  four   of   section   two   hundred
fifty-nine-i of this article.
  9.  The  chairman shall report annually to the governor, the temporary
president of the senate and the speaker  of  the  assembly,  the  chair-
persons  of the assembly and senate codes committees, the chairperson of
the senate crime and corrections committee, and the chairperson  of  the
assembly  corrections  committee  the number of inmates who have applied
for medical parole; the number who have been granted medical parole; the
nature of the illness of the applicants, the counties to which they have
been released and the nature of the placement pursuant  to  the  medical
discharge  plan; the categories of reasons for denial for those who have
been denied; the number of releasees who have been granted an additional
period or periods of medical parole and the number of such  grants;  the
number  of  releasees on medical parole who have been returned to IMPRI-
SONMENT IN the custody of the department [of correctional services]  and
the reasons for return.
  S 38-l-l. Paragraph (a) of subdivision 1 of section 259-r of the exec-
utive  law,  as amended by section 4 of chapter 495 of the laws of 2009,
is amended to read as follows:
  (a) The board shall have the power to release on  medical  parole  any
inmate  serving an indeterminate or determinate sentence of imprisonment
who, pursuant to subdivision two of this section, has been certified  to
be suffering from a terminal condition, disease or syndrome and to be so
debilitated  or incapacitated as to create a reasonable probability that
he or she is physically  or  cognitively  incapable  of  presenting  any
danger  to society, provided, however, that no inmate serving a sentence
imposed upon a conviction for murder in the first degree or  an  attempt
or conspiracy to commit murder in the first degree shall be eligible for
such  release,  and  provided  further that no inmate serving a sentence
imposed upon a conviction for any of the  following  offenses  shall  be
eligible  for  such  release  unless  in  the  case  of an indeterminate
sentence he or she has served at least one-half of the minimum period of
the sentence and in the case of a determinate sentence  he  or  she  has
served at least one-half of the term of his or her determinate sentence:
murder  in  the  second  degree,  manslaughter  in the first degree, any
offense defined in article one hundred thirty of the  penal  law  or  an
attempt  to  commit  any  of  these  offenses. Solely for the purpose of
determining medical parole eligibility pursuant to  this  section,  such
one-half  of  the  minimum period of the indeterminate sentence and one-
half of the term of the determinate sentence shall not be credited  with
any  time  served  under  the jurisdiction of the [state] department [of
correctional services] prior to the commencement of such sentence pursu-
ant to the opening paragraph of subdivision one of section 70.30 of  the
penal law or subdivision two-a of section 70.30 of the penal law, except
to  the  extent  authorized by subdivision three of section 70.30 of the
penal law.
  S 38-m. Section 259-s of the executive law, as added by section  6  of
part J of chapter 56 of the laws of 2009, paragraph (a) of subdivision 1
as  amended  by  chapter  495 of the laws of 2009, is amended to read as
follows:

S. 2812--C                         92                         A. 4012--C

  S 259-s. Release on medical parole for inmates  suffering  significant
debilitating illnesses. 1. (a) The board shall have the power to release
on  medical  parole  any  inmate serving an indeterminate or determinate
sentence of imprisonment  who,  pursuant  to  subdivision  two  of  this
section,  has  been  certified  to  be  suffering from a significant and
permanent non-terminal condition, disease or syndrome that has  rendered
the  inmate so physically or cognitively debilitated or incapacitated as
to create a reasonable probability that he or she does not  present  any
danger  to society, provided, however, that no inmate serving a sentence
imposed upon a conviction for murder in the first degree or  an  attempt
or conspiracy to commit murder in the first degree shall be eligible for
such  release,  and  provided  further that no inmate serving a sentence
imposed upon a conviction for any of the  following  offenses  shall  be
eligible  for  such  release  unless  in  the  case  of an indeterminate
sentence he or she has served at least one-half of the minimum period of
the sentence and in the case of a determinate sentence  he  or  she  has
served at least one-half of the term of his or her determinate sentence:
murder  in  the  second  degree,  manslaughter  in the first degree, any
offense defined in article one hundred thirty of the  penal  law  or  an
attempt  to  commit  any  of  these  offenses. Solely for the purpose of
determining medical parole eligibility pursuant to  this  section,  such
one-half  of  the  minimum period of the indeterminate sentence and one-
half of the term of the determinate sentence shall not be credited  with
any  time  served  under  the jurisdiction of the [state] department [of
correctional services] prior to the commencement of such sentence pursu-
ant to the opening paragraph of subdivision one of section 70.30 of  the
penal law or subdivision two-a of section 70.30 of the penal law, except
to  the  extent  authorized by subdivision three of section 70.30 of the
penal law.
  (b) Such release shall be  granted  only  after  the  board  considers
whether,  in light of the inmate's medical condition, there is a reason-
able probability that the inmate, if released, will live and  remain  at
liberty  without  violating the law, and that such release is not incom-
patible with the welfare of society and will not so deprecate the  seri-
ousness  of  the crime as to undermine respect for the law, and shall be
subject to the limits and conditions specified in  subdivision  four  of
this  section.  In  making this determination, the board shall consider:
(i) the nature and seriousness of the inmate's crime; (ii) the  inmate's
prior  criminal  record; (iii) the inmate's disciplinary, behavioral and
rehabilitative record during the term of his or her incarceration;  (iv)
the  amount  of  time the inmate must serve before becoming eligible for
release pursuant to section two hundred fifty-nine-i  of  this  article;
(v)  the current age of the inmate and his or her age at the time of the
crime; (vi) the recommendations of the sentencing  court,  the  district
attorney and the victim or the victim's representative; (vii) the nature
of the inmate's medical condition, disease or syndrome and the extent of
medical  treatment  or  care that the inmate will require as a result of
that condition, disease or  syndrome;  and  (viii)  any  other  relevant
factor.  Except  as set forth in paragraph (a) of this subdivision, such
release may be granted at any  time  during  the  term  of  an  inmate's
sentence, notwithstanding any other provision of law.
  (c)  The  board  shall  afford  notice  to  the  sentencing court, the
district attorney, the attorney for  the  inmate  and,  where  necessary
pursuant  to subdivision two of section two hundred fifty-nine-i of this
article, the crime victim, that  the  inmate  is  being  considered  for
release  pursuant to this section and the parties receiving notice shall

S. 2812--C                         93                         A. 4012--C

have thirty days to comment on the release of  the  inmate.  Release  on
medical  parole shall not be granted until the expiration of the comment
period provided for in this paragraph.
  2. (a) The commissioner [of correctional services], on the commission-
er's  own  initiative  or  at  the  request of an inmate, or an inmate's
spouse, relative or attorney, may, in the exercise of the commissioner's
discretion, direct that an  investigation  be  undertaken  to  determine
whether  a  diagnosis  should  be  made  of  an inmate who appears to be
suffering from a significant and permanent non-terminal and incapacitat-
ing condition, disease or syndrome. Any such medical diagnosis shall  be
made by a physician licensed to practice medicine in this state pursuant
to  section  sixty-five  hundred  twenty-four of the education law. Such
physician shall either be employed by the  department  [of  correctional
services],  shall  render  professional  services  at the request of the
department [of correctional services], or shall be employed by a  hospi-
tal  or  medical  facility  used  by  the  department  [of  correctional
services] for the medical treatment of inmates. The diagnosis  shall  be
reported  to  the  commissioner  [of  correctional  services]  and shall
include but shall not be limited to  a  description  of  the  condition,
disease  or  syndrome suffered by the inmate, a prognosis concerning the
likelihood that the inmate will not recover from such condition, disease
or syndrome, a description of the inmate's physical or  cognitive  inca-
pacity  which  shall include a prediction respecting the likely duration
of the incapacity, and a statement  by  the  physician  of  whether  the
inmate  is  so debilitated or incapacitated as to be severely restricted
in his or her ability to self-ambulate or to perform significant  normal
activities of daily living. This report also shall include a recommenda-
tion  of  the  type and level of services and treatment the inmate would
require if granted medical parole and a recommendation for the types  of
settings in which the services and treatment should be given.
  (b) The commissioner, or the commissioner's designee, shall review the
diagnosis  and may certify that the inmate is suffering from such condi-
tion, disease or syndrome and that the inmate is so debilitated or inca-
pacitated as to create a reasonable probability that he or she is  phys-
ically or cognitively incapable of presenting any danger to society.  If
the  commissioner  does  not  so  certify  then  the inmate shall not be
referred to the board [of  parole]  for  consideration  for  release  on
medical  parole.  If  the commissioner does so certify, then the commis-
sioner shall, within seven working days of receipt  of  such  diagnosis,
refer  the inmate to the board [of parole] for consideration for release
on medical parole. However, no such referral of an inmate to  the  board
of  parole shall be made unless the inmate has been examined by a physi-
cian and diagnosed as having a condition, disease or syndrome as  previ-
ously  described  herein at some time subsequent to such inmate's admis-
sion  to  a  facility  operated  by  the  department  [of   correctional
services].
  (c)  When  the commissioner refers an inmate to the board, the commis-
sioner shall provide an appropriate  medical  discharge  plan  [jointly]
established by the department [of correctional services and the division
of parole]. The department [of correctional services and the division of
parole  are]  IS authorized to request assistance from the department of
health and from the county in which the inmate resided and committed his
or her crime, which shall provide assistance with respect to the  devel-
opment  and  implementation  of  a  discharge  plan, including potential
placements of a releasee. The department [of correctional services,  the
division  of  parole] and the department of health shall jointly develop

S. 2812--C                         94                         A. 4012--C

standards for the medical discharge plan that are appropriately  adapted
to  the  criminal justice setting, based on standards established by the
department of health for hospital medical discharge planning. The  board
may  postpone  its  decision pending completion of an adequate discharge
plan, or may deny release based on inadequacy of the discharge plan.
  3. Any certification by the commissioner or the commissioner's  desig-
nee  pursuant  to  this  section shall be deemed a judicial function and
shall not be reviewable if done in accordance with law.
  4. (a) Medical parole granted pursuant to this section shall be for  a
period of six months.
  (b)  The  board  shall  require  as  a condition of release on medical
parole that the releasee agree to remain under the care of  a  physician
while  on medical parole and in a hospital established pursuant to arti-
cle twenty-eight of the public health law, a hospice established  pursu-
ant  to  article  forty of the public health law or any other placement,
including a residence with family or others, that can provide  appropri-
ate  medical care as specified in the medical discharge plan required by
subdivision two of this section. The medical discharge plan shall  state
that  the availability of the placement has been confirmed, and by whom.
Notwithstanding any other provision of law, when an inmate who qualifies
for release under this section is cognitively incapable of  signing  the
requisite  documentation  to  effectuate the medical discharge plan and,
after a diligent search no person has been identified who  could  other-
wise  be  appointed  as  the  inmate's  guardian by a court of competent
jurisdiction, then, solely for the purpose of implementing  the  medical
discharge  plan,  the  facility health services director at the facility
where the inmate is currently incarcerated shall be  lawfully  empowered
to  act  as  the  inmate's  guardian for the purpose of effectuating the
medical discharge.
  (c) Where appropriate, the board  shall  require  as  a  condition  of
release  that  medical  parolees be supervised on intensive caseloads at
reduced supervision ratios.
  (d) The board shall require as  a  condition  of  release  on  medical
parole  that  the  releasee  undergo periodic medical examinations and a
medical examination at least one month prior to the  expiration  of  the
period  of  medical  parole  and,  for the purposes of making a decision
pursuant to paragraph (e) of this subdivision, that the releasee provide
the board with a report, prepared by  the  treating  physician,  of  the
results of such examination. Such report shall specifically state wheth-
er  or not the parolee continues to suffer from a significant and perma-
nent non-terminal and debilitating condition, disease, or syndrome,  and
to  be  so  debilitated or incapacitated as to be severely restricted in
his or her ability to self-ambulate or  to  perform  significant  normal
activities of daily living.
  (e)  Prior to the expiration of the period of medical parole the board
shall review the medical examination report required by paragraph (d) of
this subdivision and may again grant medical  parole  pursuant  to  this
section;  provided,  however,  that  the  provisions of paragraph (c) of
subdivision one and subdivision two of this section shall not apply.
  (f) If the updated medical report presented to the board states that a
parolee released pursuant to this section is no longer so debilitated or
incapacitated as to create a reasonable probability that he  or  she  is
physically  or cognitively incapable of presenting any danger to society
or if the releasee fails to submit the updated medical report  then  the
board  may  not make a new grant of medical parole pursuant to paragraph
(e) of this subdivision. Where the board has not granted medical  parole

S. 2812--C                         95                         A. 4012--C

pursuant  to such paragraph (e) the board shall promptly conduct through
one of its members, or cause to be conducted by a hearing officer desig-
nated by the board, a hearing  to  determine  whether  the  releasee  is
suffering from a significant and permanent non-terminal and incapacitat-
ing  condition,  disease  or syndrome and is so debilitated or incapaci-
tated as to create a reasonable probability that he or she is physically
or cognitively incapable of presenting any danger to  society  and  does
not present a danger to society. If the board makes such a determination
then it may make a new grant of medical parole pursuant to the standards
of paragraph (b) of subdivision one of this section. At the hearing, the
releasee  shall  have  the right to representation by counsel, including
the right, if the releasee is financially unable to retain  counsel,  to
have  the appropriate court assign counsel in accordance with the county
or city plan for representation placed in operation pursuant to  article
eighteen-B of the county law.
  (g)  The  hearing  and  determination provided for by paragraph (f) of
this subdivision shall be concluded  within  the  six  month  period  of
medical parole. If the board does not renew the grant of medical parole,
it  shall order that the releasee be returned immediately to the custody
of the department of correctional services.
  (h) In addition to the procedures set forth in paragraph (f)  of  this
subdivision,  medical  parole may be revoked at any time upon any of the
grounds specified in paragraph (a) of subdivision three of  section  two
hundred  fifty-nine-i of this article, and in accordance with the proce-
dures specified in subdivision three of section two hundred fifty-nine-i
of this article.
  (i) A releasee who is on medical parole and who becomes  eligible  for
parole  pursuant  to  the  provisions  of subdivision two of section two
hundred fifty-nine-i of  this  article  shall  be  eligible  for  parole
consideration pursuant to such subdivision.
  5.  A  denial  of  release  on medical parole or expiration of medical
parole in accordance with the provisions of paragraph (f) of subdivision
four of this section shall not preclude the inmate from  reapplying  for
medical parole or otherwise affect an inmate's eligibility for any other
form of release provided for by law.
  6.  To  the extent that any provision of this section requires disclo-
sure of medical information for the purpose of processing an application
or making a decision, regarding release on medical parole or renewal  of
medical parole, or for the purpose of appropriately supervising a person
released  on medical parole, and that such disclosure would otherwise be
prohibited by article twenty-seven-F  of  the  public  health  law,  the
provisions of this section shall be controlling.
  7.  The  commissioner  [of correctional services] and the chair of the
board [of parole] shall be authorized  to  promulgate  rules  and  regu-
lations  for  their  respective  agencies to implement the provisions of
this section.
  8. Any decision made by the board pursuant  to  this  section  may  be
appealed   pursuant   to   subdivision   four  of  section  two  hundred
fifty-nine-i of this article.
  9. The chair of the board shall report annually to the  governor,  the
temporary  president  of the senate and the speaker of the assembly, the
chairpersons of the assembly and senate  codes  committees,  the  chair-
person  of  the  senate  crime and corrections committee, and the chair-
person of the assembly corrections committee the number of  inmates  who
have  applied for medical parole under this section; the number who have
been granted medical parole; the nature of the  illness  of  the  appli-

S. 2812--C                         96                         A. 4012--C

cants,  the  counties to which they have been released and the nature of
the placement pursuant to the medical discharge plan; the categories  of
reasons for denial for those who have been denied; the number of releas-
ees  who  have  been  granted an additional period or periods of medical
parole and the number of such grants; the number of releasees on medical
parole who have been returned to IMPRISONMENT  IN  the  custody  of  the
department [of correctional services] and the reasons for return.
  S  39.  Transfer  of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the department of correctional services, the division of parole and
the state board of parole pursuant to this act,  all  employees  of  the
department  of  correctional  services,  the  division of parole and the
state board  of  parole  shall  be  transferred  to  the  department  of
corrections and community supervision. Employees transferred pursuant to
this  section shall be transferred without further examination or quali-
fication and shall retain their  respective  civil  service  classifica-
tions, status and collective bargaining unit designations and collective
bargaining agreements.
  S  40.  Transfer  of  records.  All books, papers, and property of the
department of correctional services, the  division  of  parole  and  the
state  board  of  parole  shall be deemed to be in the possession of the
commissioner of the department of corrections and community supervision.
All books, papers,  and  property  of  the  department  of  correctional
services,  the  division  of  parole and the state board of parole shall
continue to be maintained by the department of corrections and community
supervision.
  S 41. Continuity of authority. For the purpose of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the department  of
corrections  and  community  supervision  shall  be  deemed  and held to
constitute the continuation of the department of correctional  services,
the division of parole and the state board of parole.
  S  42. Completion of unfinished business. Any business or other matter
undertaken or commenced by the department of correctional services,  the
division  of  parole  or  the  state  board  of  parole pertaining to or
connected with the functions,  powers,  obligations  and  duties  hereby
transferred  and assigned to the department of corrections and community
supervision and pending on the  effective  date  of  this  act,  may  be
conducted  and  completed by the department of corrections and community
supervision or the board of parole in the same manner and under the same
terms and conditions and with  the  same  effect  as  if  conducted  and
completed  by  the  department of corrections, the division of parole or
the state board of parole.
  S 43. Continuation of rules and regulations. All  rules,  regulations,
acts, orders, determinations, and decisions of the department of correc-
tional  services,  the  division of parole and the state board of parole
pertaining to the functions and powers transferred and assigned pursuant
to this act, in force at the time of such transfer and assumption, shall
continue in full force and effect as rules, regulations,  acts,  orders,
determinations and decisions of the department of corrections and commu-
nity supervision or the board of parole until duly modified or abrogated
by  the  commissioner  of  the  department  of corrections and community
supervision or the chairman of the board of parole, as appropriate.
  S 44. Terms occurring in laws, contracts and other documents. Whenever
the department of correctional services, the division of parole  or  the
board of parole, or the chairman or commissioner thereof, is referred to

S. 2812--C                         97                         A. 4012--C

or  designated  in any law, contract or document pertaining to the func-
tions, powers, obligations and duties hereby transferred to and assigned
to the department  of  corrections  and  community  supervision  or  the
commissioner of the department of corrections and community supervision,
such reference or designation shall be deemed to refer to the department
of  corrections  and  community  supervision  or the commissioner of the
department of corrections and community supervision, as applicable.
  S 45. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 46. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or  against  the
department of correctional services, the division of parole or the state
board  of  parole,  or  the  chairman  or commissioner thereof, shall be
affected by any provision of this act, but the same may be prosecuted or
defended  in  the  name  of  the  commissioner  of  the  department   of
corrections  and  community supervision or the department of corrections
and community supervision. In all  such  actions  and  proceedings,  the
commissioner of the department of corrections and community supervision,
upon application of the court, shall be substituted as a party.
  S  47.  Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the  department  of  correctional
services,  the  division  of  parole or the state board of parole to the
extent of remaining unexpended or unencumbered balance thereof,  whether
allocated or unallocated and whether obligated or unobligated, are here-
by  transferred  to  and  made  available for use and expenditure by the
department of corrections  and  community  supervision  subject  to  the
approval  of  the director of the budget for the same purposes for which
originally appropriated or reappropriated and shall be payable on vouch-
ers certified or approved by  the  commissioner  of  the  department  of
corrections  and community supervision on audit and warrant of the comp-
troller.
  S 48. Transfer of assets and liabilities. All assets  and  liabilities
of  the  department of correctional services, the division of parole and
the state board of parole are hereby transferred to and assumed  by  the
department of corrections and community supervision.
  S 49. This act shall take effect immediately, provided, however:
  (a)  that  the  amendments  to  subdivision  18  of  section  2 of the
correction law made by section one-a of this act shall be subject to the
expiration and reversion of such subdivision pursuant to chapter  55  of
the  laws  of  1992,  as  amended, when upon such date the provisions of
section two of this act shall take effect;
  (b) that the amendments to section 8 of the  correction  law  made  by
section  six of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;
  (c) that the amendments  to  subdivision  9  of  section  201  of  the
correction  law  as added by section thirty-two of this act shall remain
in effect until September 1, 2013, when it shall expire  and  be  deemed
repealed;
  (d)  that  the  amendments  to paragraph c of subdivision 7 of section
500-b of the correction law made by section thirty-six of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith;
  (e) the amendments to subdivision 1 of section 259-c of the  executive
law  made  by  section  thirty-eight-b  of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith;

S. 2812--C                         98                         A. 4012--C

  (f) the amendments to subdivision 4 of section 259-c of the  executive
law  made  by  section  thirty-eight-b of this act shall take effect six
months after it shall have become a law;
  (g)  the amendments to paragraph (a) of subdivision 1 of section 259-r
of the executive law made by section thirty-eight-1 of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section thirty-eight-1-1 shall take effect;
  (h) section sixteen-a of this act shall take effect six  months  after
it shall have become a law; and
  (i)  any  employee  covered by section two hundred fifty-nine-q of the
executive law prior to the effective date of section thirty-eight-k-1 of
this act shall be entitled to any benefits or rights  provided  by  such
section  of  the  executive law arising out of any act or failure to act
occurring before such effective date.

                                SUBPART B

  Section 1. Section 15-b of the correction law, as added by chapter 670
of the laws of 1935, is amended to read as follows:
  S 15-b. Education.  The present director of vocational education shall
be the director of education with the powers and duties of the  director
of  education  and hereafter shall be appointed by the commissioner. The
director of education, at any time appointed, shall be  a  person  whose
education, training and experience shall cover fields of penology and of
professional education. The educational qualifications shall include the
satisfactory  completion  of  three years of graduate work in education,
penology, and allied fields. The head of the division of education shall
have the direct supervision of all educational work in the department of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION and shall  have  full
authority  to  visit  and  inspect all institutions of the department to
observe, study, organize, and develop the educational activities of such
institutions in harmony with the  general  educational  program  of  the
department. He OR SHE shall be responsible to the commissioner and depu-
ty commissioner [of correction] DESIGNATED BY THE COMMISSIONER.
  S 2. Intentionally omitted.
  S 3. Intentionally omitted.
  S 4. Section 20 of the correction law is amended to read as follows:
  S  20.  Library.    A  library shall be provided in the department [of
correction] containing the leading books on parole, probation and  other
correctional  activities,  together  with reports and other documents on
correlated topics of criminology and social work.
  S 5. Section 23 of the correction law, as amended by  chapter  476  of
the  laws  of 1970 and as renumbered by chapter 475 of the laws of 1970,
is amended to read as follows:
  S 23. Transfer of inmates from one correctional facility  to  another;
treatment  in  outside  hospitals.  1.  The commissioner [of correction]
shall have the power to transfer inmates from one correctional  facility
to  another.  Whenever  the  transfer  of  inmates from one correctional
facility  to  another  shall  be  ordered  by   the   commissioner   [of
correction],  the  superintendent of the facility from which the inmates
are transferred shall take immediate steps to  make  the  transfer.  The
transfer  shall  be in accordance with rules and regulations promulgated
by the department for the safe delivery of such inmates  to  the  desig-
nated facility.

S. 2812--C                         99                         A. 4012--C

  2.  The commissioner [of correction], in his OR HER discretion, may by
written order permit inmates to receive medical diagnosis and  treatment
in  outside  hospitals, upon the recommendation of the superintendent or
director that such outside treatment or diagnosis is necessary by reason
of  inadequate  facilities  within the institution.   Such inmates shall
remain under the jurisdiction and in the custody of the department while
in said outside hospital  and  said  superintendent  or  director  shall
enforce  proper  measures in each case to safely maintain such jurisdic-
tion and custody.
  3. The cost of transporting inmates between facilities and to  outside
hospitals  shall  be  paid from funds appropriated to the department [of
correction] for such purpose.
  S 6. Paragraph (b) of subdivision  3  and  subdivisions  7  and  8  of
section  70  of  the  correction  law, paragraph (b) of subdivision 3 as
amended by chapter 261 of the laws of 1987,  subdivisions  7  and  8  as
added  by  chapter  476  of  the  laws  of  1970, are amended to read as
follows:
  (b) A correctional camp or a shock incarceration correctional facility
may be established by the department (i) upon land controlled and desig-
nated by the commissioner [of correctional services], or  (ii)  on  land
controlled  and  designated by the commissioner of parks, recreation and
historic preservation or, in the sixth park region, by the  commissioner
of environmental conservation.
  7.  The commissioner [of correction] shall have the authority to enter
into leases within the amount appropriated therefor, for the purpose  of
maintaining  or  establishing  any  correctional facility or any adjunct
thereto.
  8. The commissioner  [of  correction]  is  authorized  to  enter  into
contracts, within the amount appropriated therefor, with any university,
social agency or qualified person to render professional services to any
correctional facility.
  S  7.  Section  72-a of the correction law, as added by chapter 554 of
the laws of 1986, is amended to read as follows:
  S 72-a.  Community  treatment  facilities.  1.  Transfer  of  eligible
inmate.  Notwithstanding  the  provisions of section seventy-two of this
chapter, any inmate confined  in  a  correctional  facility  who  is  an
"eligible inmate" as defined by subdivision two of section eight hundred
fifty-one  of  this  chapter  and  has been certified by the division of
substance abuse services as being in need of substance  abuse  treatment
and rehabilitation may be transferred by the commissioner to a community
treatment facility.
  2.  Designation of facilities. A community treatment facility shall be
designated by the director of the division of substance  abuse  services
and  the  commissioner. Such facility shall be operated by a provider or
sponsoring agency that has provided approved residential substance abuse
treatment services for at least two years duration.
  3. Operating standards. The commissioner, after consultation with  the
director  of  the division of substance abuse services, shall promulgate
rules and regulations which provide for minimum standards of  operation,
including but not limited to the following:
  (a)  provision for adequate security and protection of the surrounding
community;
  (b) adequate physical plant standards;
  (c) provisions for adequate program  services,  staffing,  and  record
keeping; and
  (d) provision for the general welfare of the inmates.

S. 2812--C                         100                        A. 4012--C

  4.  [Parole]  COMMUNITY  supervision.   The department shall [contract
with the division of parole]  PROVIDE  for  the  provision  of  [parole]
COMMUNITY  supervision  services.  [Pursuant  to such contract, all] ALL
inmates residing in a community treatment facility shall be assigned  to
parole officers for supervision. Such parole officers shall be responsi-
ble  [to  the  division  of  parole] for [the purpose of] providing such
supervision. [As part of its supervisory functions the division shall be
required to provide reports to the department every two months  on  each
inmate  under  its  supervision.  Such reports shall include, but not be
limited to:
  (a) an evaluation of the inmate's participation in such program; and
  (b) a statement of any problems relative to an inmate's  participation
in such program and the manner in which such problems were resolved; and
  (c)  a  recommendation  with respect to the inmate's continued partic-
ipation in the program.]
  5. Reports.  The  department  and  the  division  of  substance  abuse
services  shall  jointly issue quarterly reports including a description
of those facilities [which]  THAT  have  been  designated  as  community
treatment facilities, the number of inmates confined in each facility, a
description  of  the  programs  within  each facility, and the number of
absconders, if any, as well as the nature and number of  re-arrests,  if
any,  during  the [individuals' parole] INDIVIDUAL'S period OF COMMUNITY
SUPERVISION. Copies of such reports, as well as copies of any inspection
report issued by the department or the  commission  [on]  OF  correction
shall  be sent to the director of the budget, the chairman of the senate
finance [comittee] COMMITTEE, the  chairman  of  the  senate  crime  and
correction  committee,  the  chairman  of  the  assembly  ways and means
[comittee] COMMITTEE and the  chairman  of  the  assembly  committee  on
codes.
  6.  Reimbursement.  (a)  The  commissioner,  in  consultation with the
director of the division of substance abuse services, shall  enter  into
an  agreement  with the division of substance abuse services whereby the
division of substance abuse services will contract with community treat-
ment facilities for provision of services pursuant to this section with-
in amounts made available by the department. Each contract shall provide
for frequent visitation, inspection of the facility, and enforcement  of
the  minimum  standards  and  shall authorize the supervision of inmates
residing in a community treatment facility by parole officers.
  (b) The commissioner shall promulgate rules and regulations specifying
those costs related to the  general  operation  of  community  treatment
facilities [which] THAT shall be eligible for reimbursement. Such eligi-
ble costs shall not include debt service, whether principal or interest,
or  costs  for  which state or federal aid or reimbursement is otherwise
available. Such rules and regulations shall be subject to  the  approval
of the director of the budget.
  (c)  The  [division]  DEPARTMENT  shall  not contract for [provisions]
PROVISION of services to more than fifty inmates at any one facility.
  (d) At least thirty days prior to final approval of any such contract,
a copy of the proposed contract shall be sent to  the  director  of  the
budget,  the  chairman  of the senate finance committee, the chairman of
the senate crime and correction committee, the chairman of the  assembly
ways  and means committee, and the chairman of the assembly committee on
codes.
  S 8. Section 73 of the correction law, as added by chapter 476 of  the
laws  of  1970,  subdivision  6 as amended by chapter 843 of the laws of
1980, is amended to read as follows:

S. 2812--C                         101                        A. 4012--C

  S 73. Residential treatment  facilities.    1.  The  commissioner  may
transfer  any  inmate  of  a  correctional  facility who is eligible for
[parole] COMMUNITY SUPERVISION or who will become eligible for  [parole]
COMMUNITY  SUPERVISION  within  six months after the date of transfer or
who  has  one  year  or  less  remaining  to  be served under his OR HER
sentence to a residential treatment facility  and  such  person  may  be
allowed to go outside the facility during reasonable and necessary hours
to  engage  in  any  activity reasonably related to his OR HER rehabili-
tation and in accordance with the program established for  him  OR  HER.
While outside the facility he OR SHE shall be at all times in the custo-
dy of the department [of correction] and under [the] ITS supervision [of
the state division of parole].
  2. The [division of parole] DEPARTMENT shall be responsible for secur-
ing  appropriate  education,  on-the-job  training  and  employment  for
inmates transferred to residential treatment facilities. The  [division]
DEPARTMENT  also shall supervise such inmates during their participation
in activities outside any such facility and at all times while they  are
outside any such facility.
  3. Programs directed toward the rehabilitation and total reintegration
into  the  community  of  persons transferred to a residential treatment
facility shall be established [jointly by the department  of  correction
and  the  division  of parole]. Each inmate shall be assigned a specific
program by the superintendent of the facility and a  written  memorandum
of such program shall be delivered to him OR HER.
  4. If at any time the superintendent of a residential treatment facil-
ity  is  of  the  opinion  that any aspect of the program assigned to an
individual is inconsistent with the welfare or safety of  the  community
or  of  the facility or its inmates, the superintendent may suspend such
program or any part thereof and restrict the inmate's activities in  any
manner  that  is  necessary and appropriate. Upon taking such action the
superintendent shall promptly notify the  commissioner  [of  correction]
and  pending  decision  by the commissioner, the superintendent may keep
such inmate under such security as may be necessary.
  5. The commissioner may at any time and for  any  reason  transfer  an
inmate  from  a  residential  treatment facility to another correctional
facility. [The chairman of the state board of  parole  may  request  the
commissioner  of  correction  to  transfer a person out of a residential
treatment facility if at any time the chairman is of  the  opinion  that
such person should no longer be allowed to follow a program that permits
him  to  engage in activities in the community. Upon receipt of any such
request, the commissioner shall  forthwith  transfer  the  inmate  to  a
correctional facility other than a residential treatment facility.]
  6. Where a person who is an inmate of a residential treatment facility
absconds,  or  fails  to  return  thereto  as  specified  in the program
approved for him OR HER, he OR SHE may be arrested and  returned  by  an
officer  or employee of the department [of correction or the division of
parole] or by any peace officer, acting pursuant to his OR  HER  special
duties, or police officer without a warrant; or a member of the board of
parole  or  an  officer  [of  the division of parole] designated by such
board may issue a warrant for the retaking of  such  person.  A  warrant
issued  pursuant  to  this  subdivision  shall  have  the same force and
effect, and shall be executed in the same manner, as  a  warrant  issued
for violation of [parole] COMMUNITY SUPERVISION.
  7. The provisions of this chapter relating to good behavior allowances
and  conditional  release  shall  apply  to  behavior  of  inmates while
assigned to a residential treatment facility for behavior on  the  prem-

S. 2812--C                         102                        A. 4012--C

ises  and outside the premises of such facility and good behavior allow-
ances may be granted, withheld, forfeited or cancelled in  whole  or  in
part  for  behavior  outside  the  premises  of the facility to the same
extent  and  in  the  same  manner as is provided for inmates within the
premises of any facility.
  8. The STATE board of parole may grant parole to any inmate of a resi-
dential treatment facility at any time after he OR SHE becomes  eligible
therefor. Such parole shall be in accordance with provisions of law that
would apply if the person were still confined in the facility from which
he  OR  SHE  was transferred, except that any personal appearance before
the board may be at any place designated by the board.
  9. The earnings of any inmate  of  a  residential  treatment  facility
shall  be  dealt  with  in  accordance  with  the procedure set forth in
section eight hundred [fifty-seven] SIXTY of this chapter.
  10. The commissioner [of correction and the chairman of the  board  of
parole  are] IS authorized to [enter into an agreement for the] use [of]
any residential treatment facility as a residence for persons who are on
[parole or conditional release, and persons  under  supervision  of  the
board  of  parole]  COMMUNITY  SUPERVISION. PERSONS who reside in such A
facility shall be subject to conditions of [parole or release] COMMUNITY
SUPERVISION imposed by the board.
  S 9. Subdivision 3 of section 90 of the correction law,  as  added  by
chapter 478 of the laws of 1970, is amended to read as follows:
  3.  To  expand  the use of programs designed to bridge the gap between
incarceration and activities in the community, through the use of insti-
tutions operated by  local  government  as  facilities  for  residential
treatment  of  persons  in  the  custody  of  the  state  department  of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 10. Section 91 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 91. Agreements for custody of  definite  sentence  inmates.  1.  The
state commissioner of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
may enter into an agreement with any county or with the city of New York
to   provide  for  custody  by  the  state  department  of  [correction]
CORRECTIONS AND COMMUNITY SUPERVISION of persons  who  receive  definite
sentences of imprisonment with terms in excess of ninety days who other-
wise  would serve such sentences in the jail, workhouse, penitentiary or
other local correctional institution maintained by such locality.
  2. Any such agreement, except one that is made with the  city  of  New
York,  may  be  made  with  the  sheriff,  warden, superintendent, local
commissioner of correction or other person  in  charge  of  such  county
institution  and shall be subject to the approval of the chief executive
officer of the county. An agreement made with the city of New  York  may
be  made  with  the commissioner of correction of that city and shall be
subject to the approval of the mayor.
  3. An agreement made under this section shall not require the locality
to pay the cost of treatment, maintenance and custody furnished  by  the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
and shall contain at least the following provisions:
  (a) A provision specifying the minimum length of the term of imprison-
ment of  persons  who  may  be  received  by  the  state  department  of
[correction]  CORRECTIONS AND COMMUNITY SUPERVISION under the agreement,
which may be any term in excess of ninety days agreed to by the  parties
and which need not be the same in each agreement;
  (b)  A  provision  that  no charge will be made to the state or to the
state department of [correction] CORRECTIONS AND  COMMUNITY  SUPERVISION

S. 2812--C                         103                        A. 4012--C

or  to any of its institutions during the pendency of such agreement for
delivery of inmates to the state department of [correction]  CORRECTIONS
AND  COMMUNITY  SUPERVISION  by  officers  of the locality, and that the
provisions  of section six hundred two of this chapter or of any similar
law shall not apply for delivery of inmates during such time;
  (c) A provision that no charge shall be made to or shall be payable by
the state during the pendency of such agreement for the expense of main-
taining parole violators pursuant to section two hundred sixteen of this
chapter, for the expense of maintaining coram nobis  prisoners  pursuant
to  section  six hundred one-b of this chapter, for the expense of main-
taining felony prisoners pursuant to section six hundred one-c  of  this
chapter, or for the expense of maintaining alternative local reformatory
inmates  pursuant  to  section eight hundred thirty-five in institutions
maintained by the locality;
  (d) A provision, approved by the state comptroller, for  reimbursement
of the state department of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION  by  the  locality for expenses incurred under subdivision two or
three of section one hundred twenty-five of  this  chapter  relating  to
clothing,  money  and transportation furnished upon release or discharge
of inmates delivered to the state department of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION pursuant to the agreement;
  (e) Designation of the correctional facility or  facilities  to  which
persons under sentences covered by the agreement are to be delivered;
  (f)  Any  other  provision  the  state  commissioner  of  [correction]
CORRECTIONS AND COMMUNITY SUPERVISION may deem necessary or appropriate;
and
  (g) A provision giving either party the right to cancel the  agreement
by giving the other party notice in writing, with cancellation to become
effective on such date as may be specified in such notice.
  4. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S 11. Section 92 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 92. Effect of agreement for custody of definite sentence inmates. 1.
After a copy of an agreement made under section ninety-one of this arti-
cle  is  filed  with  the  secretary  of  state,  all  commitments under
sentences covered by the agreement by courts in the county  or  city  to
which  it  applies  shall  be  deemed  to be to the custody of the state
department of [correction] CORRECTIONS  AND  COMMUNITY  SUPERVISION  and
shall be so construed and interpreted irrespective of the institution or
agency to which the commitments are made.
  2.  Any  inmate  who  is serving a term of imprisonment covered by the
agreement imposed prior to the filing of such agreement, and any  inmate
who  is  under  consecutive  definite  sentences of imprisonment with an
aggregate term of the length covered by the agreement,  irrespective  of
whether one or more of such sentences was imposed prior to the filing of
the agreement, may be transferred to the care of the state department of
[correction]  CORRECTIONS  AND COMMUNITY SUPERVISION upon request of the
head of the county or city institution and approval of the state commis-
sioner of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  3. Inmates who are deemed  committed  to  the  custody  of  the  state
department  of  [correction] CORRECTIONS AND COMMUNITY SUPERVISION under
subdivision one of this section, or who may be transferred to  the  care
of the state department of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION under subdivision two of this section, shall be dealt with in all

S. 2812--C                         104                        A. 4012--C

respects  in  the same manner as inmates committed to the custody of the
state department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  4.  In the event any such agreement is cancelled, inmates delivered to
the state department of [correction] CORRECTIONS  AND  COMMUNITY  SUPER-
VISION  prior  to the date of cancellation shall continue to serve their
sentences in the custody of such department and the provisions  of  such
agreement  shall  continue to apply with respect to such inmates. A copy
of the notice of cancellation shall be filed with the secretary of state
and with the clerks of courts in the manner provided in subdivision four
of section ninety-one of this article, and no inmates shall be delivered
to the custody of the state department of [correction]  CORRECTIONS  AND
COMMUNITY  SUPERVISION under such agreement after the date on which such
cancellation becomes effective.
  S 12. Section 93 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 93. Temporary custody of sentenced inmates in emergencies.  1. When-
ever a state of emergency shall be declared by the chief executive offi-
cer of a local government pursuant to section two hundred nine-m of  the
general  municipal  law,  the  chief  executive officer of the county in
which such state of emergency is declared, or where a county or counties
are wholly within a city the mayor of such city, may request the  gover-
nor  to  remove all or any number of sentenced inmates from institutions
maintained by such county or city. Upon receipt of such request, if  the
governor is satisfied that the public interest so requires, the governor
may,  in  his discretion, authorize and direct the state commissioner of
[correction]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  to  remove  such
inmates.
  2.  Upon  receipt  of  any  such  direction  the state commissioner of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION shall transport  such
inmates  to any correctional facility in the department and such inmates
shall be retained in the custody of the department, subject to all  laws
and  rules  and  regulations pertaining to inmates in the custody of the
department, until returned to  the  institution  from  which  they  were
removed or discharged or released in accordance with the law.
  3.  In the event that the state department of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION does not have space in its correctional facil-
ities to accommodate all or any number of the inmates so removed from  a
local institution, the commissioner [of correction] shall have the power
to  lodge  any  number  of such inmates in any county jail, workhouse or
penitentiary within the state that has room to  receive  them  and  such
institution shall be required to receive such inmates. Inmates so lodged
shall  be  subject  to  all  rules and regulations pertaining to inmates
committed to such institution until returned  to  the  institution  from
which they were removed, or removed to a state correctional facility, or
discharged  or  released  in accordance with the law; provided, however,
that inmates discharged or released  from  any  such  local  institution
shall be entitled to receive clothing, money and transportation from the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
to the same extent as  inmates  discharged  or  released  from  a  state
correctional facility.
  4. When sentenced inmates have been removed from a penitentiary pursu-
ant  to  this  section, such penitentiary may be used for the purpose of
detention of prisoners awaiting trial or for any other purpose to  which
a county jail may be put.
  5. The original order of commitment and any other case record pertain-
ing  to  inmates  removed pursuant to this section shall be delivered to

S. 2812--C                         105                        A. 4012--C

the head of any institution in which he OR SHE may be lodged  and  shall
be  returned  to the institution from which he OR SHE was removed at the
time of his return to such institution or upon his  OR  HER  release  or
discharge in accordance with the law.
  6. Inmates removed from a local institution pursuant to a request made
under  subdivision  one of this section may be returned to such institu-
tion by the state commissioner of [correction] CORRECTIONS AND COMMUNITY
SUPERVISION, subject to the approval of the governor, at any  time  such
commissioner  is satisfied that the return of such inmates is not incon-
sistent with the public interest.
  7. The county or city maintaining the institution from  which  inmates
are  removed pursuant to subdivision one of this section shall be liable
for all damages arising out  of  any  act  performed  pursuant  to  this
section and for reimbursement for the following items:
  (a)  The  cost  of clothing, money and transportation furnished to any
inmate who is released or discharged prior to the return of such  inmate
to  the institution from which he OR SHE is removed shall be paid to the
state department of [correction] CORRECTIONS AND COMMUNITY  SUPERVISION;
and
  (b)  The cost of maintaining any inmate in a county jail, workhouse or
penitentiary shall be paid to the local government that  maintains  such
institution.  Such  cost  shall  be the actual per capita daily cost, as
certified to the state  commissioner  of  [correction]  CORRECTIONS  AND
COMMUNITY SUPERVISION.
  S 13. Section 94 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S  94.  Use of local government institutions for residential treatment
of persons under the custody of the  state  department  of  [correction]
CORRECTIONS  AND  COMMUNITY SUPERVISION.   1.  The state commissioner of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION is hereby  authorized
to  transfer  any inmate under the care or custody of the department who
is eligible to be transferred to a residential treatment facility  under
section  seventy-three  of this chapter to any county jail, workhouse or
penitentiary for the purpose of having such inmate engage in a  residen-
tial treatment facility program; provided, however, that:
  (a)  Such  inmate  has  resided  or  was employed or has dependents or
parents who reside in the county, or in a county that is  contiguous  to
the county, in which the institution to which he would be transferred is
located;
  (b)  Arrangements  have been made for the education, on-the-job train-
ing, employment or for  some  other  rehabilitative  treatment  of  such
inmate  in  the county, or in a county that is contiguous to the county,
in which the institution to which he would be  transferred  is  located;
and
  (c)   The  sheriff,  warden,  superintendent,  local  commissioner  of
correction or other person in charge of the  institution  to  which  the
inmate would be transferred consents to such transfer.
  2. An inmate so transferred shall continue to be in the custody of the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
but shall, during the period of such transfer, be in  the  care  of  the
head  of  the  institution  to  which  he  OR  SHE is transferred.   The
provisions of section seventy-three of this chapter shall apply  in  the
case  of any such transfer as fully and completely as if the inmate were
transferred to a residential treatment facility, and  the  head  of  the
institution  to  which  the  inmate  is transferred and the officers and
employees thereof shall have and may exercise all of the powers  of  the

S. 2812--C                         106                        A. 4012--C

superintendent  of  a residential treatment facility with respect to the
care or custody of such inmate.
  In  any  case  where an inmate is employed, however, the provisions of
subdivision nine of such section seventy-three shall not apply  and  the
wages  or salary of such inmate shall be dealt with under the provisions
applicable to a work release program in the type of institution to which
he is transferred as provided in sections one hundred fifty-four,  eight
hundred  seventy-two  or  eight hundred ninety-three as the case may be;
and in the event such inmate is returned to a state correctional facili-
ty, any balance remaining in the trust fund account shall be  paid  over
to  the superintendent of such facility and shall be deposited by him OR
HER as inmates' funds pursuant to section one hundred  sixteen  of  this
chapter.
  3.  If  at any time the head of a local institution to which an inmate
is transferred under this section is of the opinion that continued  care
of  such  inmate in such institution is inconsistent with the welfare or
safety of the community or of the institution or its inmates, he OR  SHE
may  request  the  state  commissioner  to return such inmate to a state
correctional facility and, upon the receipt of  any  such  request,  the
commissioner  shall  cause such inmate to be so returned promptly and at
the expense of the state  department  of  [correction]  CORRECTIONS  AND
COMMUNITY SUPERVISION.
  4.  The  expenses  of  any  such  transfer  shall be paid by the state
department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION and the
commissioner is hereby authorized to reimburse the local institution for
a sum determined by the head  of  such  institution  and  agreed  to  in
advance  by  the  [state] commissioner [of correction] to be the cost of
food, lodging and clothing within the institution, and  the  actual  and
necessary food, travel and other expenses required for a program outside
the  institution,  incurred  or  advanced  by the institution; provided,
however, that:
  (a) In any case where the [state] commissioner [of correction]  has  a
pending agreement with a locality under section ninety-one of this arti-
cle,  the [commmissioner of correction] COMMISSIONER shall not reimburse
the local institution for any cost incurred for food, lodging and cloth-
ing within the institution; and
  (b) The wages or salary, if any, of such inmate shall be used for such
reimbursement and shall be applied to defray any costs authorized to  be
paid  under  this section before any amount shall be paid by the commis-
sioner [of correction] hereunder, and any such wages or salary may be so
applied irrespective of the provisions of paragraph (a) of this subdivi-
sion.
  S 14. Section 116 of the correction law, as amended by section  42  of
part  A-1  of  chapter  56  of  the  laws of 2010, is amended to read as
follows:
  S 116. Inmates' funds. The warden or superintendent  of  each  of  the
institutions  within  the jurisdiction of the department of [correction]
CORRECTIONS AND COMMUNITY SUPERVISION shall deposit  at  least  once  in
each  week  to  his  OR HER credit as such warden, or superintendent, in
such bank or banks as may be designated  by  the  comptroller,  all  the
moneys  received  by  him  OR  HER as such warden, or superintendent, as
inmates' funds, and send to the comptroller and also to the commissioner
[of correction] monthly, a statement showing the amount so received  and
deposited.  Such  statement of deposits shall be certified by the proper
officer of the bank receiving such deposit or deposits. The  warden,  or
superintendent,  shall  also verify by his OR HER affidavit that the sum

S. 2812--C                         107                        A. 4012--C

so deposited is all the money received by him OR HER as  inmates'  funds
during  the  month. Any bank in which such deposits shall be made shall,
before receiving any such deposits, file a bond with the comptroller  of
the  state,  subject  to  his OR HER approval, for such sum as he OR SHE
shall deem necessary. Upon a  certificate  of  approval  issued  by  the
director  of  the  budget,  pursuant to the provisions of section fifty-
three of the state finance law, the amount of interest, if any,  hereto-
fore  accrued and hereafter to accrue on moneys so deposited, heretofore
and hereafter credited to the warden, or  superintendent,  by  the  bank
from  time to time, shall be available for expenditure by the warden, or
superintendent, subject  to  the  direction  of  the  commissioner,  for
welfare  work among the inmates in his custody. The withdrawal of moneys
so deposited by such  warden,  or  superintendent,  as  inmates'  funds,
including  any  interest  so  credited,  shall  be subject to his OR HER
check. Each warden, or superintendent,  shall  each  month  provide  the
comptroller  and  also the commissioner with a record of all withdrawals
from inmates' funds. As used in this section, the term "inmates'  funds"
means  the  funds  in the possession of the inmate at the time of his OR
HER admission into the institution,  funds  earned  by  him  OR  HER  as
provided  in  section  one  hundred eighty-seven of this chapter and any
other funds received by him OR HER or on his OR HER behalf and deposited
with such warden or superintendent in  accordance  with  the  rules  and
regulations  of  the commissioner. Whenever the total unencumbered value
of funds in an inmate's account exceeds ten thousand dollars, the super-
intendent shall give written notice to the office of victim services.
  S 15. Subdivision 2 of section 120 of the correction law, as added  by
chapter 202 of the laws of 2007, is amended to read as follows:
  2. Nothing in this section shall limit in any way the authority of the
commissioner,  or  any county or the city of New York, to enter into any
contract authorized by subdivision  eighteen  of  section  two,  section
seventy-two-a,   section  seventy-three,  section  ninety-five,  article
five-A or article twenty-six of this chapter, or to limit the  responsi-
bility  of  the [state division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY  SUPERVISION  to  supervise  inmates  or  [parolees]   PERSONS
RELEASED  TO COMMUNITY SUPERVISION while away from an institution pursu-
ant to section seventy-two-a, section seventy-three or  article  twenty-
six  of  this  chapter  or  while confined at a drug treatment campus as
defined in subdivision twenty of section two of this chapter.
  S 16. Section 140-a of the correction law, as added by  section  2  of
part  UU  of  chapter  56  of  the  laws  of 2009, is amended to read as
follows:
  S 140-a. Pilot project for filing medical assistance applications  for
inmates  prior  to  their  release. 1. Subject to the availability of an
appropriation of no less than two hundred thousand dollars, the  commis-
sioner,  after  consultation  with  the chairman of the [division] STATE
BOARD of parole, the commissioner of the department of health,  and  the
commissioner of the office of temporary and disability assistance, shall
establish  a pilot program at a designated correctional facility for the
purpose of filing applications for enrollment in the medical  assistance
program  established  under  title  eleven of article five of the social
services law for eligible inmates prior to their release to the communi-
ty; provided, however, that the commissioner shall  not  establish  such
pilot program at the Orleans correctional facility. For purposes of this
pilot  program,  eligible inmates shall not include any inmates who were
receiving such medical assistance immediately prior to their  commitment
to  the department and whose medical assistance was thereafter suspended

S. 2812--C                         108                        A. 4012--C

pursuant to the provisions of subdivision one-a of section three hundred
sixty-six of the social services law.
  2. In determining the facility where the pilot program shall be estab-
lished,  the  commissioner shall give due consideration to the following
factors, which shall include, but not be limited to: (i) the  degree  to
which  pre-release  services  and  re-entry  services are either already
available at such facility or can be  made  readily  available  at  such
facility; (ii) the proximity of the facility to the communities to which
the  eligible inmates will be released; (iii) the availability of commu-
nity linkages which would facilitate the preparation and  submission  of
such  medical assistance applications for eligible inmates; and (iv) the
recommendations of the commissioner of the office of temporary and disa-
bility assistance, the commissioner of the department of health and  the
chairman of the [division] STATE BOARD of parole.
  3.  The  commissioner may use the appropriation for this pilot program
to establish one or more department positions to perform  any  responsi-
bilities  [which]  THAT may arise in connection with the preparation and
submission of such medical assistance applications. The commissioner may
also use the appropriation to enter into any contract with one  or  more
outside  individuals  or  entities  to  provide any services that may be
needed in connection with this pilot program. Further, all or a  portion
of  the  funds  appropriated for the pilot program may be transferred to
another state agency in order to  establish  positions  to  perform  any
responsibilities which may be necessary to operate the pilot program.
  4.  Applications  for  medical  assistance  shall  be submitted to the
statewide enrollment center established by contract with the  department
of health pursuant to subdivision twenty-four of section two hundred six
of  the  public  health  law  in  sufficient time before the anticipated
release, conditional release or discharge  of  the  eligible  inmate  to
permit  the  enrollment  center to process the application prior to such
inmate's release from the custody; provided,  however,  that  where  the
eligible  inmate  will  be  released  to the same county where the pilot
program is established, the application for medical  assistance  may  be
filed with the local county department of social services.
  5.  Upon receipt of an application filed pursuant to this section, the
centralized statewide enrollment center shall determine the  eligibility
of  such  inmate for enrollment in the medical assistance program estab-
lished under title eleven of article five of the  social  services  law.
Such  determination shall be based on whether the inmate, except for his
or her status as an inmate, would be eligible to receive medical assist-
ance. Notwithstanding any inconsistent provision of law,  enrollment  in
the  medical assistance program shall be effective on the date an eligi-
ble inmate is released, conditionally released or discharged from custo-
dy in a department facility to  the  community.  The  commissioner,  the
commissioner  of  the state department of health and the chairman of the
state [division] BOARD of parole shall determine the process for issuing
the medical assistance identification card so that  the  applicant  will
receive appropriate documentation of [his/her] HIS OR HER eligibility of
medical  assistance either upon release or as soon thereafter as practi-
cable.
  6. After the pilot program becomes operational, the commissioner shall
periodically monitor all indicators related to the preparation and proc-
essing of inmate applications which shall include, but  not  be  limited
to:  (i)  the  degree  to  which all of the requisite information for an
application can be obtained while the  inmate  is  incarcerated  by  the
department;  (ii)  the  average processing times to prepare and complete

S. 2812--C                         109                        A. 4012--C

applications; (iii) the most effective manner for the transmittal  of  a
completed application for an eligibility determination; (iv) the average
amount  of  time  required  before  an  eligibility determination can be
completed  and  the  necessary  medical  assistance  eligibility card is
provided to the eligible  individual;  and  (v)  the  identification  of
issues  and  factors which may prevent, impede, or delay the preparation
and submission of applications, which could be ameliorated by  modifica-
tions  to  existing  laws, rules and regulations, or policies and proce-
dures.
  7. After the pilot program has been operational for a period of twelve
months, or sooner if determined to be appropriate by the commissioner, a
report shall be prepared by the commissioner and submitted to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly on the factors listed in  subdivision  six  of  this  section.  Such
report shall also include any recommendations for additional legislative
enactments  that  may  be  needed,  or  new  appropriations  that may be
required, to improve, enhance and subsequently  expand  the  program  to
other  correctional  facilities  as  determined to be appropriate by the
commissioner, with the ultimate goal to assist as many inmates as feasi-
ble to submit applications for medical assistance prior to their release
to the community.
  8. The [division] STATE BOARD of parole shall assist the department in
any manner necessary to assure that the purposes and objective  of  this
section are effectively accomplished.
  9.  The  commissioner and the commissioner of the department of health
may promulgate rules and regulations necessary for the uniform and time-
ly preparation, submission, acceptance and processing of applications by
eligible inmates prior to their release from custody.
  S 17. Section 148 of the correction law, as amended by chapter  81  of
the laws of 1964, is amended to read as follows:
  S  148.  Psychiatric  and  diagnostic  clinics.    The commissioner of
[correction and the chairman of the board of parole are] CORRECTIONS AND
COMMUNITY SUPERVISION IS hereby authorized and directed  to  assist  and
cooperate with the commissioner of mental [hygiene] HEALTH in the estab-
lishment  and  conduct of such psychiatric and diagnostic clinics in the
institutions and facilities under their jurisdiction as such commission-
ers [and chairman] may deem necessary  within  the  amount  appropriated
therefor.  The  persons conducting the work of such clinics shall deter-
mine the physical and mental condition of all inmates serving  an  inde-
terminate  term,  having  a  minimum of one day and a maximum of natural
life, and of such other inmates whose criminal record, behavior or other
factors indicate to those in charge of such clinics the  need  of  study
and  treatment.  The  work of the clinics shall include scientific study
and psychiatric evaluation of each such inmate,  including  his  OR  HER
career  and  life  history,  investigation of the cause of the crime and
recommendations for the care, training and employment  of  such  inmates
with  a view to their reformation and to the protection of society. Each
of the different phases of the work of the clinics shall be  so  coordi-
nated  with  all  the  other  phases of clinic work as to be a part of a
unified and comprehensive scheme in the  study  and  treatment  of  such
inmates.  After  classification  in  the clinics the inmate sentenced to
state prison shall be certified to the warden and recommendation made to
the commissioner of [correction] CORRECTIONS AND  COMMUNITY  SUPERVISION
as to their disposition.
  S  18. Section 168-g of the correction law, as added by chapter 192 of
the laws of 1995, is amended to read as follows:

S. 2812--C                         110                        A. 4012--C

  S 168-g. Prior convictions; duty to  inform  and  register.    1.  The
[division  of parole] DEPARTMENT or [department] OFFICE of probation and
correctional alternatives in accordance with risk  factors  pursuant  to
section  one  hundred  sixty-eight-l of this article shall determine the
duration  of registration and notification for every sex offender who on
the effective date of this article is then on [parole] COMMUNITY  SUPER-
VISION  or  probation  for an offense provided for in subdivision two or
three of section one hundred sixty-eight-a of this article.
  2. Every sex offender who on the effective date  of  this  article  is
then  on  [parole]  COMMUNITY  SUPERVISION  or  probation for an offense
provided for in subdivision two or three of section one  hundred  sixty-
eight-a  of this article shall within ten calendar days of such determi-
nation register with his parole or probation officer. On  each  anniver-
sary  of  the  sex  offender's initial registration date thereafter, the
provisions of section one hundred sixty-eight-f of  this  article  shall
apply.    Any  sex  offender  who fails or refuses to so comply shall be
subject to the same penalties as otherwise provided for in this  article
which  would  be  imposed upon a sex offender who fails or refuses to so
comply with the provisions of this article on or  after  such  effective
date.
  3.  It  shall be the duty of the parole or probation officer to inform
and register such sex offender according to the requirements imposed  by
this  article.  A parole or probation officer shall give one copy of the
form to the sex offender and shall, within three calendar days, send two
copies electronically or otherwise to the  [division]  DEPARTMENT  which
shall  forward  one copy electronically or otherwise to the law enforce-
ment agency having jurisdiction where the sex offender resides upon  his
[parole]  OR  HER COMMUNITY SUPERVISION, probation, or [upon any form of
state or] local conditional release.
  4. A petition for relief from this section is  permitted  to  any  sex
offender  required  to  register while released [on parole] TO COMMUNITY
SUPERVISION or probation pursuant to section one  hundred  sixty-eight-o
of this article.
  S  19.  Subdivision 1 of section 168-1 of the correction law, as added
by chapter 192 of the laws of 1995, is amended to read as follows:
  1. There shall be a board of examiners of sex  offenders  which  shall
possess  the  powers  and duties hereinafter specified. Such board shall
consist of five members appointed by the governor. [Three  members  who]
ALL MEMBERS SHALL BE EMPLOYEES OF THE DEPARTMENT AND shall be experts in
the  field  of  the  behavior  and  treatment of sex offenders [shall be
employees of the division of parole and the remaining two members  shall
be from the department]. The term of office of each member of such board
shall  be  for  six  years; provided, however, that any member chosen to
fill a vacancy occurring otherwise than by expiration of term  shall  be
appointed  for the remainder of the unexpired term of the member whom he
OR SHE is to succeed. In the event  of  the  inability  to  act  of  any
member,  the  governor may appoint some competent informed person to act
in his OR HER stead during the continuance of such disability.
  S 20. Section 168-m of the correction law, as amended by  chapter  453
of the laws of 1999, is amended to read as follows:
  S  168-m.  Review.  Notwithstanding  any other provision of law to the
contrary, any state or local correctional facility, hospital or institu-
tion, district attorney, law enforcement agency,  probation  department,
[division] STATE BOARD of parole, court or child protective agency shall
forward  relevant  information  pertaining  to  a  sex  offender  to  be
discharged, paroled, released to post-release supervision or released to

S. 2812--C                         111                        A. 4012--C

the board for review no later than one hundred twenty days prior to  the
release  or  discharge  and  the  board  shall  make  recommendations as
provided in subdivision six of section one hundred sixty-eight-l of this
article within sixty days of receipt of the information. Information may
include,  but may not be limited to all or a portion of the arrest file,
prosecutor's file, probation or  parole  file,  child  protective  file,
court  file, commitment file, medical file and treatment file pertaining
to such person. Such person shall be permitted to submit  to  the  board
any  information  relevant  to  the  review. Upon application of the sex
offender or the district attorney, the court shall seal any  portion  of
the  board's  file  pertaining to the sex offender [which] THAT contains
material that is confidential under any state or federal law;  provided,
however,  that  in  any subsequent proceedings in which the sex offender
who is the subject of the sealed record is a party  and  which  requires
the  board  to  provide  a  recommendation to the court pursuant to this
article, such sealed record shall be available to the sex offender,  the
district attorney, the court and the attorney general where the attorney
general is a party, or represents a party, in the proceeding.
  S  21.  Subdivision 1 of section 184 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  1. The commissioner  [of  correctional  services]  is  authorized  and
directed  to  cause to be manufactured or prepared by the inmates in the
state correctional facilities, such articles  as  are  needed  and  used
therein,  and  also, such articles as are required by the state or poli-
tical subdivisions thereof, and in the  buildings,  offices  and  public
institutions  owned  or  managed  and controlled by the state, including
articles and materials to be used in the erection of the buildings,  and
including  material for the construction, improvement or repair of high-
ways, streets and roads.
  S 22. Subdivisions 1 and 3 of  section  186  of  the  correction  law,
subdivision 1 as amended by chapter 166 of the laws of 1991 and subdivi-
sion 3 as amended by chapter 83 of the laws of 1995, are amended to read
as follows:
  1.  The  commissioner  [of  correctional services] shall establish the
prices at which all services performed, and all articles manufactured in
the correctional facilities in this state, and furnished to  the  state,
or  the  political  subdivisions  thereof, or to the public institutions
thereof, or to public benefit corporations, authorities or  commissions.
However, prices for goods or services furnished by the local correction-
al  facilities  to  or  for the county in which they are located, or the
political subdivisions thereof, shall be fixed by the board of  supervi-
sors of such counties, except the counties located within New York city,
in  which the prices shall be fixed by the commissioner [of correction].
It shall also be the duty of such boards, respectively, to classify  the
buildings,  offices  and institutions owned or managed and controlled by
the state, and the political subdivisions thereof, and to fix and deter-
mine the styles, patterns, designs and qualities of the articles  to  be
manufactured for such buildings, offices and public institutions, except
where  the  same have been fixed or their specifications approved by the
office of general services in the executive department. So far as  prac-
ticable,  all supplies used in such buildings, offices and public insti-
tutions shall be uniform for each class, and of  the  styles,  patterns,
designs  and  qualities  that  can  be  manufactured in the correctional
facilities in this state.
  3. A purchaser of any such product or services may, at any time  prior
to  or within thirty days of the time of sale, appeal the purchase price

S. 2812--C                         112                        A. 4012--C

on the basis that it unreasonably  exceeds  fair  market  price.    Such
appeal  shall be raised in a form to be provided for by the commissioner
pursuant to rule and shall include a verified  statement  setting  forth
the  basis  of  an alternative fair market price determined according to
the standards for establishing prices set forth in  subdivision  two  of
this section.
  An  appeal brought by such a purchaser as to the reasonableness of the
fair market price  established  pursuant  to  subdivision  two  of  this
section shall be decided by majority vote of a three-member price review
board  consisting  of  the  director of the budget, the commissioner [of
correctional services] and the commissioner of  the  office  of  general
services or their representatives.
  All  hearings  before such price review board shall be governed by the
rules to be adopted and prescribed by such board. The hearings  of  such
board  may,  in  the discretion of a majority of its members, be open to
the public, but shall not be bound by the technical rules  of  evidence.
The  price  review  board  shall permit the parties to such an appeal to
present such evidence, in person or  through  their  attorneys,  as  the
board  may  deem  necessary for its determination. A stenographic record
shall be kept of any proceeding before such board and  the  decision  of
the board shall be in writing and state the reasons for such decision.
  The  decision  of  such  board  as  to the reasonableness of the price
established by the commissioner shall be conclusive on all parties.   If
the board finds that a price unreasonably exceeds the fair market price,
it  may adjust the sales price with respect to such purchaser. Prices so
adjusted shall otherwise apply prospectively to  purchases  made  subse-
quent  to  such adjustment until such time as new prices are established
pursuant to subdivision two of this section.  In the event that  payment
has  been  made,  upon  such adjustment of price, any excess paid to the
state shall be refunded to such purchaser on a  voucher  signed  by  the
commissioner  within  amounts available therefor or at the option of the
purchaser, the commissioner may credit such  excess  amount  toward  any
future purchase.
  S 23. Section 190 of the correction law is amended to read as follows:
  S  190. Monthly statement of receipts and expenditures for industries.
The warden of each of the state prisons shall,  on  the  first  of  each
month,  make  a  full  detailed statement of all materials, machinery or
other property procured, and of the cost thereof, and  of  the  expendi-
tures  made  during the last preceding month for manufacturing purposes,
together with a statement of all materials then on hand to  be  manufac-
tured,  or in process of manufacture, or manufactured, and of machinery,
fixtures or other appurtenances for the purpose of carrying on the labor
of the prisoners, and the amount and kinds of work done, and  the  earn-
ings  realized,  and  the  total amount of moneys coming into his OR HER
hands as such warden during such last preceding month as the proceeds of
the labor of the prisoners at such  prison,  which  statement  shall  be
verified by the oath of such warden to be just and true, and shall be by
him OR HER forwarded to the department [of correction].
  S  24.  Subdivisions  1 and 2 of section 275 of the correction law, as
added by section 1 of part SS of chapter 56 of the  laws  of  2009,  are
amended to read as follows:
  1.    If a person who has been granted conditional release pursuant to
this article resides or desires to reside in a place other than the  one
located within the jurisdiction of the commission which has legal custo-
dy of such person, such commission, or any member thereof, may designate
any  other  commission  established  pursuant  to  this  article, or the

S. 2812--C                         113                        A. 4012--C

[parole board] DEPARTMENT, to assume custody of such person and  may  so
transfer  custody  upon  the  consent  of  such  other commission or the
[parole board] DEPARTMENT.
  2.  Where custody of a person who has been granted conditional release
pursuant to this article is transferred pursuant to subdivision  one  of
this  section,  upon  designation  and prior to transfer, the commission
making the designation shall notify the commission which has been desig-
nated to receive custody of such transfer or the [parole board]  DEPART-
MENT.  The  commission  making the designation shall immediately forward
its entire case record regarding such person to the receiving commission
or the [parole board] DEPARTMENT.  The commission to which legal custody
has been transferred, or the [parole board] DEPARTMENT, shall assume the
same powers and duties exercised by the designating commission and shall
have the sole custody of such person.
  S 25. Section 315 of the correction law is REPEALED.
  S 26. Article 17 of the correction law is REPEALED.
  S 27. Article 18 of the correction law is REPEALED.
  S 28. Subdivisions 2 and 3 of  section  504  of  the  correction  law,
subdivision  2  as  amended  by section 8 of part Q of chapter 56 of the
laws of 2009 and subdivision 3 as amended by chapter 799 of the laws  of
1974, are amended to read as follows:
  2. Where the jail in a county becomes unfit or unsafe for the confine-
ment of some or all of the inmates due to an inmate disturbance or other
extraordinary  circumstances,  including  but  not  limited to a natural
disaster, unanticipated deficiencies in the structural  integrity  of  a
facility  or the inability to provide one or more inmates with essential
services such as medical care, upon the request of the  municipal  offi-
cial as defined in subdivision four of section forty of this chapter and
no  other  suitable  place  within  the county nor the jail of any other
county is immediately available to house some or all of the inmates, the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION may, in his or her sole discretion,  make  available,  upon  such
terms  and conditions as he OR SHE may deem appropriate, all or any part
of a state correctional institution for the confinement of some  or  all
of  such  inmates  as  an adjunct to the county jail for a period not to
exceed thirty days.  However, if the county jail remains unfit or unsafe
for the confinement of some or all of such inmates beyond  thirty  days,
the state commission of correction, with the consent of the commissioner
of  [correctional  services]  CORRECTIONS AND COMMUNITY SUPERVISION, may
extend the availability of a state correctional institution for  one  or
more  additional  thirty day periods. The state commission of correction
shall promulgate rules and regulations governing the temporary  transfer
of inmates to state correctional institutions from county jails, includ-
ing but not limited to provisions for confinement of such inmates in the
nearest correctional facility, to the maximum extent practicable, taking
into  account  necessary  security.    The commissioner of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION may, in his or her  sole
discretion,  based on standards promulgated by the department, determine
whether a county shall reimburse the state for any or all of the  actual
costs  of confinement as approved by the director of the division of the
budget. On or before the expiration of each thirty day period, the state
commission of correction must make an appropriate  designation  pursuant
to  subdivision  one  if the county jail remains unfit or unsafe for the
confinement of some or all of the inmates and consent to  the  continued
availability of a state correctional institution as required for herein.
The  superintendence,  management  and  control  of a state correctional

S. 2812--C                         114                        A. 4012--C

institution or part thereof  made  available  pursuant  hereto  and  the
inmates  housed  therein  shall  be  as  directed by the commissioner of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  3.  The county clerk must serve a copy of the designation, duly certi-
fied by him OR HER, under his OR HER official seal, on the  sheriff  and
keeper  of the jail of the county designated. The sheriff of that county
must, upon the delivery of the sheriff  of  the  county  for  which  the
designation  is  made,  receive  into  his OR HER jail, and there safely
keep, all persons who may be lawfully confined therein, pursuant to this
article; and he OR SHE is responsible for their safekeeping, as if he OR
SHE was sheriff of the county for which the designation is made.
  S 29. The opening paragraph, subdivisions 2, 3, 4  and  6  of  section
601-d  of  the  correction  law,  as added by chapter 141 of the laws of
2008, are amended to read as follows:
  This section shall apply only to inmates in the custody of the commis-
sioner, and releasees under the supervision of the [division of  parole]
DEPARTMENT, upon whom a determinate sentence was imposed between Septem-
ber first, nineteen hundred ninety-eight, and the effective date of this
section,  which  was  required  by law to include a term of post-release
supervision:
  2. Whenever it shall appear to the satisfaction of the department that
an inmate in its custody[,] or [to the satisfaction of the  division  of
parole]  that  a releasee under its supervision, is a designated person,
[such agency] THE DEPARTMENT shall make notification of that fact to the
court that sentenced such person, and to the inmate or releasee.
  3. If a sentencing court that has received such notice, after  review-
ing  the  sentencing  minutes,  if available, is or becomes aware that a
term of post-release supervision was in fact  pronounced  at  the  prior
sentencing of such person, it shall issue a superseding commitment order
reflecting  that fact, accompanied by a written explanation of the basis
for that conclusion, and send such order and explanation to the  [agency
that  provided  the  notice]  DEPARTMENT,  to  the defendant, and to the
attorney who appeared for the defendant in connection with the  judgment
or sentence or, if the defendant is currently represented concerning his
or  her  conviction or sentence or with respect to an appeal from his or
her sentence, such present counsel.
  4. (a) If the sentencing court shall not  have  issued  a  superseding
commitment order, reflecting imposition of a term of post-release super-
vision,  within  ten days after receiving notice pursuant to subdivision
two of this section, then the sentencing  court  shall  appoint  counsel
pursuant  to section seven hundred twenty-two of the county law, provide
a copy of the notice pursuant to subdivision two of this section to such
counsel, and calendar such person for a  court  appearance  which  shall
occur  no  later  than twenty days after receipt of said notice. At such
court appearance, the court shall furnish a copy of such notice and  the
proceeding  date  pursuant  to  paragraph (c) of this subdivision to the
district attorney, the  designated  person,  assigned  counsel  and  the
department [or the division of parole].
  (b)  The  court shall promptly seek to obtain sentencing minutes, plea
minutes and any other records and shall provide copies  to  the  parties
and  conduct  any  reconstruction  proceedings  that may be necessary to
determine whether to resentence such person.
  (c) The court shall commence a proceeding to  consider  resentence  no
later  than  thirty  days after receiving notice pursuant to subdivision
two of this section.

S. 2812--C                         115                        A. 4012--C

  (d) The court shall, no later than forty days after  receipt  of  such
notice,  issue  and  enter  a written determination and order, copies of
which shall be immediately provided to the district attorney, the desig-
nated person, his or her counsel and the department [or the division  of
parole]  along with any sentencing minutes pursuant to section 380.70 of
the criminal procedure law.
  (e) The designated person may,  with  counsel,  knowingly  consent  to
extend  the  time  periods  specified  in paragraphs (c) and (d) of this
subdivision. The people may apply to the court for an extension  of  ten
days  on  the  basis  of extraordinary circumstances that preclude final
resolution within such period of the question of whether  the  defendant
will be resentenced. The department [or the division of parole] shall be
notified by the court of any such extension.
  6.  In  any case in which the department [or division of parole] noti-
fies the court of a designated person, and has not  been  informed  that
the  court  has made a determination in accordance with paragraph (d) of
subdivision four of this section (unless extended pursuant to  paragraph
(e)  of  such subdivision), [then such agency] THE DEPARTMENT may notify
the court that it has not received a determination and,  in  any  event,
shall adjust its records with respect to post-release supervision noting
that  the  court  has  not,  in accordance with subdivision four of this
section, imposed a sentence of post-release supervision.
  S 30. Section 605-a of the correction law, as added by chapter 476  of
the laws of 1970, is amended to read as follows:
  S 605-a. Transportation of female inmates.  Whenever any female inmate
is  conveyed  to an institution [in] UNDER THE JURISDICTION OF the state
department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION  pursu-
ant  to  sentence or commitment, such female inmate shall be accompanied
by at least one female officer.
  S 31. Section 619 of the correction law, as added by  chapter  911  of
the laws of 1983, is amended to read as follows:
  S  619.  Cooperation  with  authorized  agencies  of the department of
social services. It shall be the duty of an official of any  institution
under  the  jurisdiction  of the commissioner of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION to cooperate  with  an  authorized
agency  of the department of social services in making suitable arrange-
ments for an inmate confined therein to visit  with  his  or  her  child
pursuant  to subdivision seven of section three hundred eighty-four-b of
the social services law.
  S 32. Subdivisions 1, 4 and 6 of section 702 of  the  correction  law,
subdivisions  1  and 4 as amended by chapter 342 of the laws of 1972 and
subdivision 6 as amended by chapter 720 of the laws of 2006, are amended
to read as follows:
  1. Any court of this state may, in its discretion, issue a certificate
of relief from disabilities to an eligible  offender  for  a  conviction
that  occurred in such court, if the court either (a) imposed a [revoka-
ble] REVOCABLE sentence  or  (b)  imposed  a  sentence  other  than  one
executed  by  commitment to an institution under the jurisdiction of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION.  Such certificate may be issued (i) at the time sentence is
pronounced,  in which case it may grant relief from forfeitures, as well
as from disabilities, or (ii) at any time thereafter, in which  case  it
shall apply only to disabilities.
  4.  Where  the  court has imposed a [revokable] REVOCABLE sentence and
the certificate of relief from disabilities is issued prior to the expi-
ration or termination of the  time  which  the  court  may  revoke  such

S. 2812--C                         116                        A. 4012--C

sentence,  the certificate shall be deemed to be a temporary certificate
until such time as the court's authority  to  revoke  the  sentence  has
expired  or  is terminated. While temporary, such certificate (a) may be
revoked  by  the  court for violation of the conditions of the sentence,
and (b) shall be revoked by the court if it  revokes  the  sentence  and
commits the person to an institution under the jurisdiction of the state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION.  Any such revocation shall be upon notice and after an  opportu-
nity  to be heard. If the certificate is not so revoked, it shall become
a permanent certificate upon expiration or termination  of  the  court's
authority to revoke the sentence.
  6.  Any written report submitted to the court pursuant to this section
is confidential and may not be made available to any person or public or
private agency except where specifically required or permitted by  stat-
ute  or  upon  specific  authorization  of  the court. However, upon the
court's receipt of such report, the court shall provide a copy  of  such
report, or direct that such report be provided to the applicant's attor-
ney,  or  the  applicant  himself,  if he OR SHE has no attorney. In its
discretion, the court may except from disclosure a part or parts of  the
report  which  are  not  relevant  to  the granting of a certificate, or
sources of information which have been obtained on a promise  of  confi-
dentiality,  or any other portion thereof, disclosure of which would not
be in the interest of justice. The action of the court excepting  infor-
mation  from disclosure shall be subject to appellate review. The court,
in its discretion, may hold a conference in open court or in chambers to
afford an applicant an opportunity to controvert or to comment upon  any
portions  of the report. The court may also conduct a summary hearing at
the conference on any matter relevant to the granting of the application
and may take testimony under oath.
  S 33. Intentionally omitted.
  S 34. Section 703 of the correction law, as amended by chapter 342  of
the  laws  of 1972, the section heading as amended by chapter 931 of the
laws of 1976, subdivision 1 as amended by chapter 475  of  the  laws  of
1974,  subdivision  6  as  added  by chapter 378 of the laws of 1988 and
subdivision 7 as added by section 3 of part OO of chapter 56 of the laws
of 2010, is amended to read as follows:
  S 703. Certificates of relief from disabilities issued by  the  [board
of  parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.  1. The
[state board of parole] DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
VISION  shall have the power to issue a certificate of relief from disa-
bilities to:
  (a) any eligible offender who has been  committed  to  an  institution
under   the  jurisdiction  of  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.   Such certificate  may
be issued by the [board] DEPARTMENT at the time the offender is released
from  such  institution  under the [board's] DEPARTMENT'S supervision or
otherwise or at any time thereafter;
  (b) any eligible offender who resides  within  this  state  and  whose
judgment  of  conviction  was rendered by a court in any other jurisdic-
tion.
  2. Where the [board of parole] DEPARTMENT has issued a certificate  of
relief from disabilities, the [board] DEPARTMENT may at any time issue a
new certificate enlarging the relief previously granted.
  3. The [board of parole] DEPARTMENT shall not issue any certificate of
relief from disabilities pursuant to subdivisions one or two, unless the
[board] DEPARTMENT is satisfied that:

S. 2812--C                         117                        A. 4012--C

  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
  (c) The relief to be granted by the certificate is consistent with the
public interest.
  4. Any certificate of relief from disabilities issued by the [board of
parole]  DEPARTMENT  to an eligible offender who at time of the issuance
of the certificate is  under  the  [board's]  DEPARTMENT'S  supervision,
shall  be  deemed  to  be a temporary certificate until such time as the
eligible offender is discharged from the [board's]  DEPARTMENT'S  super-
vision,  and,  while  temporary,  such certificate may be revoked by the
[board] DEPARTMENT  for  violation  of  the  conditions  of  [parole  or
release]  COMMUNITY SUPERVISION.  Revocation shall be upon notice to the
[parolee] RELEASEE, who shall be accorded an opportunity to explain  the
violation  prior  to  decision  thereon.  If  the  certificate is not so
revoked, it shall become a  permanent  certificate  upon  expiration  or
termination  of the [board's] DEPARTMENT'S jurisdiction over the [offen-
der] INDIVIDUAL.
  5. In granting or revoking a certificate of relief  from  disabilities
the  action  of  the  [board of parole shall be by unanimous vote of the
members authorized to grant or revoke parole.  Such  action]  DEPARTMENT
shall  be deemed a judicial function and shall not be reviewable if done
according to law.
  6. For the purpose of determining whether such  certificate  shall  be
issued,  the  [board]  DEPARTMENT  may  conduct  an investigation of the
applicant.
  7. Presumption based on federal recommendation. Where a certificate of
relief from disabilities is sought pursuant to paragraph (b) of subdivi-
sion one of this section on a  judgment  of  conviction  rendered  by  a
federal  district  court in this state and the [board of parole] DEPART-
MENT is in receipt of a written recommendation in favor of the  issuance
of  such  certificate  from the chief probation officer of the district,
the [board] DEPARTMENT shall issue the requested certificate, unless  it
finds  that  the requirements of paragraphs (a), (b) and (c) of subdivi-
sion three of this section have not been satisfied; or that  the  inter-
ests  of  justice  would  not be advanced by the issuance of the certif-
icate.
  S 35. Section 703-b of the correction law, as added by chapter 931  of
the  laws  of 1976, subdivisions 1 and 3 as amended by, subdivision 2 as
added by and subdivisions 4 and 5 as renumbered by chapter  386  of  the
laws of 1985, is amended to read as follows:
  S  703-b. Issuance of certificate of good conduct. 1. The [state board
of parole, or any three members thereof by unanimous  vote,]  DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION shall have the power to issue a
certificate  of  good  conduct  to  any person previously convicted of a
crime in this state, when the [board] DEPARTMENT is satisfied that:
  (a) The applicant  has  conducted  himself  OR  HERSELF  in  a  manner
warranting  such  issuance  for  a minimum period in accordance with the
provisions of subdivision three of this section;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the applicant; and
  (c) The relief to be granted is consistent with the public interest.
  2. The [state board of parole, or any three members thereof by  unani-
mous  vote,]  DEPARTMENT  shall have the power to issue a certificate of

S. 2812--C                         118                        A. 4012--C

good conduct to any person previously convicted of a crime in any  other
jurisdiction, when the [board] DEPARTMENT is satisfied that:
  (a) The applicant has demonstrated that there exist specific facts and
circumstances,  and specific sections of New York state law that have an
adverse impact on the applicant and warrant the application  for  relief
to be made in New York; and
  (b)  The  provisions of paragraphs (a), (b) and (c) of subdivision one
of this section have been met.
  3. The minimum period of good conduct by the individual referred to in
paragraph (a) of subdivision one of this section, shall be  as  follows:
where  the most serious crime of which the individual was convicted is a
misdemeanor, the minimum period of good conduct shall be one year; where
the most serious crime of which the individual was convicted is a  class
C,  D  or  E  felony,  the minimum period of good conduct shall be three
years; and, where the most serious crime of  which  the  individual  was
convicted  is  a class B or A felony, the minimum period of good conduct
shall be five years. Criminal acts committed outside the state shall  be
classified  as  acts  committed  within  the  state based on the maximum
sentence that could have been imposed based upon such conviction  pursu-
ant  to  the  laws  of such foreign jurisdiction. Such minimum period of
good conduct by the individual shall be measured either from the date of
the payment of any fine imposed upon him OR HER  or  the  suspension  of
sentence,  or from the date of his OR HER unrevoked release from custody
by parole, commutation or  termination  of  his  OR  HER  sentence.  The
[board] DEPARTMENT shall have power and it shall be its duty to investi-
gate  all persons when such application is made and to grant or deny the
same within a reasonable time after the making of the application.
  4. Where the [board of parole] DEPARTMENT has issued a certificate  of
good conduct, the [board] DEPARTMENT may at any time issue a new certif-
icate enlarging the relief previously granted.
  5. Any certificate of good conduct by the [board of parole] DEPARTMENT
to an individual who at time of the issuance of the certificate is under
the  [board's]  DEPARTMENT'S supervision, shall be deemed to be a tempo-
rary certificate until such time as the individual  is  discharged  from
the  [board's]  DEPARTMENT'S  supervision,  and,  while  temporary, such
certificate may be revoked by the [board] DEPARTMENT  for  violation  of
the conditions of [parole or release] COMMUNITY SUPERVISION.  Revocation
shall be upon notice to the [parolee] RELEASEE, who shall be accorded an
opportunity  to  explain the violation prior to decision thereon. If the
certificate is not so revoked, it shall become a  permanent  certificate
upon  expiration  or termination of the [board's] DEPARTMENT'S jurisdic-
tion over the individual.
  S 36. Section 705 of the correction law, as added by  chapter  654  of
the  laws  of  1966, subdivision 1 as amended by section 49 of part A of
chapter 56 of the laws of 2010, is amended to read as follows:
  S 705. Forms and filing. 1. All applications, certificates and  orders
of  revocation  necessary for the purposes of this article shall be upon
forms prescribed pursuant to agreement among the state  commissioner  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
chairman of the state board of parole and the administrator of the state
judicial conference. Such forms relating to certificates of relief  from
disabilities shall be distributed by the office of probation and correc-
tional  alternatives  and forms relating to certificates of good conduct
shall be distributed by the [chairman of the board  of  parole]  COMMIS-
SIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.

S. 2812--C                         119                        A. 4012--C

  2. Any court or [board] DEPARTMENT issuing or revoking any certificate
pursuant  to  this  article shall immediately file a copy of the certif-
icate, or of the order of revocation, with the New York state  identifi-
cation and intelligence system.
  S 37. Paragraphs (a), (b) and (c) of subdivision 1 and subdivisions 3,
4  and 5 of section 803 of the correction law, paragraph (a) of subdivi-
sion 1, subdivisions 3, 4 and 5 as amended and paragraphs (b) and (c) of
subdivision 1 as added by chapter 3 of the laws of 1995, are amended  to
read as follows:
  (a)  Every  person  confined  in an institution of the department or a
facility in the department of mental hygiene serving an indeterminate or
determinate sentence of imprisonment, except a person serving a sentence
with a maximum term of life imprisonment,  may  receive  time  allowance
against  the  term or maximum term of his OR HER sentence imposed by the
court. Such allowances may be granted for good  behavior  and  efficient
and  willing  performance of duties assigned or progress and achievement
in an assigned treatment program, and  may  be  withheld,  forfeited  or
canceled  in  whole  or  in part for bad behavior, violation of institu-
tional rules or failure to perform properly in  the  duties  or  program
assigned.
  (b)  A  person  serving  an indeterminate sentence of imprisonment may
receive time allowance against the maximum term of his OR  HER  sentence
not to exceed one-third of the maximum term imposed by the court.
  (c)  A  person  serving  a  determinate  sentence  of imprisonment may
receive time allowance against the term of his OR HER  sentence  not  to
exceed one-seventh of the term imposed by the court.
  3.  The commissioner of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION shall promulgate rules and regulations for  the  grant-
ing, withholding, forfeiture, cancellation and restoration of allowances
authorized by this section in accordance with the criteria herein speci-
fied.  Such  rules  and regulations shall include provisions designating
the person or committee in each correctional  institution  delegated  to
make  discretionary  determinations  with respect to the allowances, the
books and records to be kept, and a procedure for review of the institu-
tional determinations by the commissioner.
  4. No person shall have the right to demand or require the  allowances
authorized by this section. The decision of the commissioner of [correc-
tional  services] CORRECTIONS AND COMMUNITY SUPERVISION as to the grant-
ing, withholding, forfeiture, cancellation or restoration of such allow-
ances shall be final and shall not be reviewable if made  in  accordance
with law.
  5. Time allowances granted prior to any release [on parole or prior to
any conditional release] TO COMMUNITY SUPERVISION shall be forfeited and
shall  not be restored if the [paroled or conditionally] released person
is returned to an  institution  under  the  jurisdiction  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION for violation of [parole, violation of the conditions of release]
COMMUNITY SUPERVISION or by reason of a conviction for a crime committed
while on [parole or  conditional  release]  COMMUNITY  SUPERVISION.    A
person who is so returned may, however, subsequently receive time allow-
ances  against the remaining portion of his OR HER term, maximum term or
aggregate maximum term  pursuant  to  this  section  and  provided  such
remaining portion of his OR HER term, maximum term, or aggregate maximum
term is more than one year.

S. 2812--C                         120                        A. 4012--C

  S 38. Subdivisions 3, 4 and 5 of section 803 of the correction law, as
amended  by  chapter  126  of  the  laws of 1987, are amended to read as
follows:
  3.  The commissioner of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION shall promulgate rules and regulations for  the  grant-
ing, withholding, forfeiture, cancellation and restoration of allowances
authorized by this section in accordance with the criteria herein speci-
fied.  Such  rules  and regulations shall include provisions designating
the person or committee in each correctional  institution  delegated  to
make  discretionary  determinations  with respect to the allowances, the
books and records to be kept, and a procedure for review of the institu-
tional determinations by the commissioner.
  4. No person shall have the right to demand or require the  allowances
authorized by this section. The decision of the commissioner of [correc-
tional  services] CORRECTIONS AND COMMUNITY SUPERVISION as to the grant-
ing, withholding, forfeiture, cancellation or restoration of such allow-
ances shall be final and shall not be reviewable if made  in  accordance
with law.
  5. Time allowances granted prior to any release [on parole or prior to
any conditional release] TO COMMUNITY SUPERVISION shall be forfeited and
shall  not be restored if the [paroled or conditionally] released person
is returned to an  institution  under  the  jurisdiction  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION for violation of [parole, violation of the conditions of release]
COMMUNITY SUPERVISION or by reason of a conviction for a crime committed
while on [parole or  conditional  release]  COMMUNITY  SUPERVISION.    A
person who is so returned may, however, subsequently receive time allow-
ances  against the remaining portion of his maximum or aggregate maximum
term or period not to exceed in the aggregate one-third of such  portion
provided such remaining portion of his OR HER maximum or aggregate maxi-
mum term or period is more than one year.
  S  39. Subdivision 6 of section 804 of the correction law, as added by
chapter 680 of the laws of 1967, is amended to read as follows:
  6. Notwithstanding anything to the contrary in this  section,  in  any
case  where  a  person  is serving a definite sentence in an institution
under  the  jurisdiction  of  the  state  department   of   [correction]
CORRECTIONS  AND  COMMUNITY  SUPERVISION, subdivisions three and four of
section eight hundred three of this chapter shall apply.
  S 40. Subdivisions 3 and 6 of section 806 of the  correction  law,  as
added  by  section  5  of  part E of chapter 62 of the laws of 2003, are
amended to read as follows:
  3. Any inmate  eligible  for  presumptive  release  pursuant  to  this
section  shall be required to apply for such release pursuant to section
[two hundred fifty-nine-g of the executive law. Upon  release  from  the
department  of  correctional services, such person shall be in the legal
custody of the division of  parole  as  provided  in  subdivisions  two,
three,  four, five, six and seven of section two hundred fifty-nine-i of
the executive law] TWO HUNDRED SIX OF THIS CHAPTER.
  6. Any eligible inmate who is not released pursuant to subdivision one
or two of this section shall be considered for discretionary release  on
parole  pursuant to the provisions of section eight hundred five of this
article or section two hundred [fifty-nine-i] FIFTY-NINE-B of the execu-
tive law, whichever is applicable.
  S 41. Subdivision 1 of section 851 of the correction law,  as  amended
by chapter 554 of the laws of 1986, is amended to read as follows:

S. 2812--C                         121                        A. 4012--C

  1.  "Institution"  means any institution under the jurisdiction of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION or an institution designated by the commissioner pursuant to
section seventy-two-a of this chapter.
  S 41-a. Subdivision 1 of section 851 of the correction law, as amended
by chapter 691 of the laws of 1977, is amended to read as follows:
  1.  "Institution"  means any institution under the jurisdiction of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION.
  S  41-b.  Subdivision 1 of section 851 of the correction law, as added
by chapter 472 of the laws of 1969, is amended to read as follows:
  1. "Institution" means any institution under the jurisdiction  of  the
state department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  42.  The  closing  paragraph of subdivision 2 of section 851 of the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  The governor, by executive order, may exclude  or  limit  the  partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly issued limiting the participation of otherwise  eligible  inmates  in
such  program or the authority of the commissioner [of the department of
correctional services] to impose appropriate regulations  limiting  such
participation.
  S  43.  The  closing  paragraph of subdivision 2 of section 851 of the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  The governor, by executive order, may exclude  or  limit  the  partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly issued limiting the participation of otherwise  eligible  inmates  in
such  program or the authority of the commissioner [of the department of
correctional services] to impose appropriate regulations  limiting  such
participation.
  S  43-a.  Subdivision 5 of section 851 of the correction law, as added
by chapter 472 of the laws of 1969, is amended to read as follows:
  5. "Work release committee" means  the  body  of  persons,  which  may
include members of the public, appointed pursuant to regulations promul-
gated  by  the commissioner [of correction] for the purpose of formulat-
ing, modifying and revoking work release programs at an institution.
  S 44. Subdivision 5 of section 852 of the correction law,  as  amended
by chapter 495 of the laws of 1981, is amended to read as follows:
  5.  All  inmates  participating in temporary release programs shall be
assigned to parole officers for supervision. [Such parole officers shall
be responsible to the division of parole for the  purpose  of  providing
such  supervision.  The  division shall provide to the department super-
vision in accordance with the contract required by  subdivision  six  of
this  section.]  As part of [its] THE PAROLE OFFICER'S supervisory func-
tions [the division] HE OR SHE shall be required to provide reports  [to
the  department]  every two months on each inmate under [its] HIS OR HER
supervision. Such reports shall include but not be limited to:
  (a) an evaluation of the individual's participation in such program;
  (b) a statement of any problems and the manner in which such  problems
were   resolved  relative  to  an  individual's  participation  in  such
programs; and

S. 2812--C                         122                        A. 4012--C

  (c) a  recommendation  with  respect  to  the  individual's  continued
participation in the program.
  S  44-a.  Subdivision  6  of  section  852  of  the  correction law is
REPEALED.
  S 45. Subdivision 2 of section 852 of the correction law, as added  by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. The [division of parole] DEPARTMENT shall be responsible for secur-
ing  appropriate  education, on-the-job training and employment opportu-
nities for [eligbile] ELIGIBLE inmates[. The division  also]  AND  shall
supervise  inmates  during  their participation in work release programs
outside the premises of institutions.
  S 46. Subdivision 2 of section 856 of the correction law, as added  by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. If the inmate violates any provision of the program, or any rule or
regulation  promulgated  by the commissioner of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION for conduct of inmates participating  in  work
release programs, he OR SHE shall be subject to disciplinary measures to
the  same  extent  as  if he OR SHE violated a rule or regulation of the
commissioner for conduct of inmates within the premises of the  institu-
tion.
  S  47.  Subdivision 6 of section 855 of the correction law, as amended
by chapter 843 of the laws of 1980, is amended to read as follows:
  6. In order for an applicant to accept a program of temporary release,
such inmate shall agree to be bound by  all  the  terms  and  conditions
thereof  and  shall indicate such agreement by signing the memorandum of
the program immediately below a statement reading as follows: "I  accept
the  foregoing program and agree to be bound by the terms and conditions
thereof. I understand that I will be under the supervision of the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION while I am away from the premises of the institution and I  agree
to  comply with the instructions of any parole officer or other employee
of the department assigned to supervise me. I understand that my partic-
ipation in the program is a privilege which may be revoked at any  time,
and  that  if I violate any provision of the program I may be taken into
custody by any peace officer or police officer and I will be subject  to
disciplinary  procedures.  I  further understand that if I intentionally
fail to return to the institution at or before the time specified in the
memorandum I may be found guilty of a felony." Such agreement  shall  be
placed  on  file at the institution from which such temporary release is
granted.
  S 48. Subdivisions 2, 3 and 4 of section 855 of the correction law, as
added by chapter 472 of the  laws  of  1969,  are  amended  to  read  as
follows:
  2.  If  the  work  release  committee  determines  that a work release
program for the applicant is consistent with the safety of the  communi-
ty,  is in the best interests of rehabilitation of the applicant, and is
consistent  with  rules  and  regulations  of   the   commissioner   [of
correction],  the  committee[,  with  the  assistance of the division of
parole,] shall develop a suitable program of work release for the appli-
cant.
  3. The committee shall then prepare a  memorandum  setting  forth  the
details  of  the  work release program, including the extended bounds of
confinement and any other matter required by rules or regulations of the
commissioner [of correction]. Such memorandum shall  be  transmitted  to
the warden who may approve or reject the program. If the warden approves
the  program, he OR SHE shall indicate such approval in writing by sign-

S. 2812--C                         123                        A. 4012--C

ing the memorandum. If the warden rejects  the  program,  such  decision
shall be reviewed by the commissioner [of correction].
  4.  In  order for an applicant to accept a program of work release, he
OR SHE shall agree to be bound by all the terms and  conditions  thereof
and  shall  indicate  such  agreement  by  signing the memorandum of the
program immediately below a statement reading as follows: "I accept  the
foregoing  program  and  agree  to  be bound by the terms and conditions
thereof. I understand that I will be under the supervision of the [State
Division of Parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION
while  I  am  away  from  the premises of the institution and I agree to
comply with the instructions of any parole officer assigned to supervise
me. I will carry a copy of this memorandum on my  person  at  all  times
while  I am away from the premises of the institution and I will exhibit
it to any peace officer upon his OR HER request. I  understand  that  my
participation  in the program is a privilege which may be revoked at any
time, and that if I violate any provision of the program I may be  taken
into  custody by any peace officer and I will be subject to disciplinary
procedures. I further understand that if I intentionally fail to  return
to  the  institution at or before the time specified in the memorandum I
may be found guilty of a felony."
  S 49. The opening paragraph of subdivision 1 of section  1304  of  the
abandoned  property  law, as amended by chapter 471 of the laws of 1980,
is amended to read as follows:
  The  following  unclaimed  property  belonging  or   credited   to   a
discharged,  deceased  or  escaped  person  in  an institution under the
jurisdiction of the department of social  services,  the  department  of
health,  the  department of mental hygiene, the executive department, or
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION shall be deemed abandoned property:
  S 50. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
age  control  law, subdivisions 1 and 4 as amended by chapter 366 of the
laws of 1992 and subdivision 1-a as amended by chapter 367 of  the  laws
of 1992, are amended to read as follows:
  1.  Except  as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors  mentioned
in  section eleven hundred forty-six of the former penal law as in force
and effect  immediately  prior  to  September  first,  nineteen  hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal  law,  unless subsequent to such conviction such person shall have
received an  executive  pardon  therefor  removing  this  disability,  a
certificate  of good conduct granted by the [board of parole] DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION, or  a  certificate  of  relief
from  disabilities  granted  by  the  [board  of  parole]  DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION or a court of this state  pursuant
to  the  provisions  of  article  twenty-three  of the correction law to
remove the disability under this section because of such conviction.
  1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages  shall
not,  upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license  by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the authori-
ty  pursuant to section one hundred eighteen of this chapter, consistent
with the provisions of article twenty-three-A of the correction law. For
any felony conviction by a court other than a court of this  state,  the

S. 2812--C                         124                        A. 4012--C

authority  may  request  the [board of parole] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION  to  investigate  and  review  the  facts  and
circumstances  concerning  such  a conviction, and [the board of parole]
SUCH  DEPARTMENT  shall,  if  so  requested,  submit its findings to the
authority as to whether the corporation has conducted itself in a manner
such that discretionary review by the authority would not be  inconsist-
ent  with  the  public  interest. The [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION may charge the licensee or  appli-
cant  a  fee  equivalent to the expenses of an appropriate investigation
under this subdivision. For any conviction rendered by a court  of  this
state,  the authority may request the corporation, if the corporation is
eligible for a certificate of relief from disabilities, to seek  such  a
certificate  from  the court which rendered the conviction and to submit
such a certificate as part of the authority's discretionary review proc-
ess.
  4. A copartnership or a corporation, unless each member of  the  part-
nership,  or  each of the principal officers and directors of the corpo-
ration, is a citizen of the United States or an alien lawfully  admitted
for  permanent  residence in the United States, not less than twenty-one
years of age, and has not been convicted of any felony  or  any  of  the
misdemeanors,  specified  in  section  eleven  hundred  forty-six of the
former penal law as in force and effect immediately prior  to  September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20  or  230.40  of  the  penal law, or if so convicted has received,
subsequent to such conviction, an  executive  pardon  therefor  removing
this  disability  a certificate of good conduct granted by the [board of
parole] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  or  a
certificate of relief from disabilities granted by the [board of parole]
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION or a court of this
state  pursuant  to  the  provisions  of  article  twenty-three  of  the
correction  law  to  remove the disability under this section because of
such conviction; provided however that  a  corporation  which  otherwise
conforms to the requirements of this section and chapter may be licensed
if  each  of its principal officers and more than one-half of its direc-
tors are citizens of the United States or aliens lawfully  admitted  for
permanent  residence  in  the United States; and provided further that a
corporation organized under the not-for-profit corporation  law  or  the
education  law  which  otherwise  conforms  to  the requirements of this
section and chapter may be licensed if each of  its  principal  officers
and  more  than  one-half  of its directors are not less than twenty-one
years of age and none of its directors are less than eighteen  years  of
age;  and  provided  further that a corporation organized under the not-
for-profit corporation law or the education law and located on the prem-
ises of a college as defined by section two of the education  law  which
otherwise  conforms  to the requirements of this section and chapter may
be licensed if each of its principal officers and each of its  directors
are not less than eighteen years of age.
  S  51.  Subparagraph (i) of paragraph 1 and paragraph 3 of subdivision
(f) of section 1101 of the civil practice law and  rules,  as  added  by
section  1  of part D of chapter 412 of the laws of 1999, are amended to
read as follows:
  (i) in the case of a state inmate who has been transferred from anoth-
er state correctional facility, the court  shall  obtain  a  trust  fund
account  statement  for  the six month period from the central office of
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION in Albany; or

S. 2812--C                         125                        A. 4012--C

  3.  The  institution  at  which  an inmate is confined, or the central
office for the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  whichever is applicable, shall promptly provide
the trust fund account statement to  the  inmate  as  required  by  this
subdivision.
  S  52. Section 5011 of the civil practice law and rules, as amended by
section 50 of part A-1 of chapter 56 of the laws of 2010, is amended  to
read as follows:
  S 5011. Definition and content of judgment. A judgment is the determi-
nation  of  the rights of the parties in an action or special proceeding
and may be either interlocutory or final. A judgment shall refer to, and
state the result of, the verdict or decision, or recite the default upon
which it is based. A judgment may direct  that  property  be  paid  into
court  when  the  party  would not have the benefit or use or control of
such property or where special  circumstances  make  it  desirable  that
payment  or  delivery to the party entitled to it should be withheld. In
any case where damages are awarded to an inmate serving  a  sentence  of
imprisonment  with  the  state  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION or to a  prisoner  confined  at  a
local  correctional facility, the court shall give prompt written notice
to the office of victim services, and at the same time shall direct that
no payment be made to such inmate or prisoner for  a  period  of  thirty
days following the date of entry of the order containing such direction.
  S  53.  Subdivision  1  of  section  50-a  of the civil rights law, as
amended by chapter 137 of the laws  of  2002,  is  amended  to  read  as
follows:
  1.  All  personnel  records[,]  used  to  evaluate  performance toward
continued employment or promotion, under the control of any police agen-
cy or department of the  state  or  any  political  subdivision  thereof
including  authorities or agencies maintaining police forces of individ-
uals defined as police officers in section 1.20 of the  criminal  proce-
dure  law  and  such  personnel records under the control of a sheriff's
department or a department of  correction  of  individuals  employed  as
correction  officers  and  such personnel records under the control of a
paid fire department or force of individuals employed as firefighters or
firefighter/paramedics and such personnel records under the  control  of
the  [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION for individuals defined as peace officers  pursuant  to  subdivi-
sions  twenty-three  and  twenty-three-a of section 2.10 of the criminal
procedure law shall  be  considered  confidential  and  not  subject  to
inspection  or review without the express written consent of such police
officer, firefighter, firefighter/paramedic, correction officer or peace
officer within the [division of parole] DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY SUPERVISION except as may be mandated by lawful court order.
  S  54. Subdivision 2 of section 61 of the civil rights law, as amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision  two  of section 230.30 or 230.32, and is currently confined
as an inmate in any correctional facility or currently under the  super-
vision  of  the [state division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION or a county probation department as  a  result  of
such  conviction,  the  petition  shall for each such conviction specify

S. 2812--C                         126                        A. 4012--C

such felony conviction, the date of such conviction or convictions,  and
the court in which such conviction or convictions were entered.
  S  55. Subdivision 2 of section 62 of the civil rights law, as amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the  supervision  of  the  [state  division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY SUPERVISION or a county probation department
as a result of a conviction for a violent felony offense as  defined  in
section  70.02  of  the  penal  law  or  a felony defined in article one
hundred twenty-five of such law or any of the  following  provisions  of
such  law  sections  130.25,  130.30,  130.40,  130.45,  255.25, 255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision two of section 230.30 or 230.32,  notice  of  the  time  and
place  when and where the petition will be presented shall be served, in
like manner as a notice of a motion upon an attorney in an action,  upon
the  district  attorney  of  every  county in which such person has been
convicted of such felony and upon the  court  or  courts  in  which  the
sentence for such felony was entered. Unless a shorter period of time is
ordered  by  the  court,  said  notice  shall  be  served upon each such
district attorney and court or courts not less than sixty days prior  to
the date on which such petition is noticed to be heard.
  S  56.  Subdivision 2 and paragraph (a) of subdivision 3 of section 79
of the civil rights law, as amended by chapter 687 of the laws of  1973,
are amended to read as follows:
  2.  A sentence of imprisonment in a state correctional institution for
any term less than for life or a sentence of  imprisonment  in  a  state
correctional  institution for an indeterminate term, having a minimum of
one day and a maximum of natural life shall not be deemed to suspend the
right or capacity of any person so sentenced to commence  and  prosecute
an  action or proceeding in any court within this state or before a body
or officer exercising judicial, quasi-judicial or  administrative  func-
tions  within  this  state; provided, however, that where at the time of
the commencement and during the prosecution of such action or proceeding
such person is an inmate of a state correctional institution,  he  shall
not  appear  at  any  place  other  than  within the institution for any
purpose related to such action or  proceeding  unless  upon  a  subpoena
issued by the court before whom such action or proceeding is pending or,
where  such  action  or  proceeding is pending before a body or officer,
before a judge to whom a petition for habeas corpus could be made  under
subdivision  (b) of section seven thousand two of the civil practice law
and rules upon motion of any party and upon a  determination  that  such
person's  appearance  is essential to the proper and just disposition of
the action or proceeding. Unless the court orders  otherwise,  a  motion
for  such  subpoena  shall  be  made on at least two days' notice to the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (a) Except as provided in paragraph (b), the state shall not be liable
for any expense of or related to any such action or proceeding,  includ-
ing  but  not  limited  to the expense of or related to transporting the
inmate to, or lodging or guarding him at any place other than in a state
correctional institution. The [Department] DEPARTMENT  of  [Correctional
Services] CORRECTIONS AND COMMUNITY SUPERVISION shall not be required to
perform any services related to such action or proceeding, including but
not  limited to transporting the inmate to or lodging or guarding him at

S. 2812--C                         127                        A. 4012--C

any place other than a state correctional institution unless  and  until
the [Department] DEPARTMENT has received payment for such services.
  S  57.  Subdivisions  1  and  2  and paragraph (a) of subdivision 3 of
section 79-a of the civil rights law, subdivision 1 as amended by  chap-
ter  118  of  the  laws  of  1981 and subdivision 2 and paragraph (a) of
subdivision 3 as added by chapter 687 of the laws of 1973,  are  amended
to read as follows:
  1.  Except  as  provided  in  subdivisions  two  and  three,  a person
sentenced to imprisonment for life is thereafter  deemed  civilly  dead;
provided,  that  such  a  person  may  marry while on [parole] COMMUNITY
SUPERVISION, or after he OR SHE has been discharged from [parole] COMMU-
NITY SUPERVISION, if otherwise capable of contracting a valid  marriage.
A  marriage  contracted pursuant to this section by a person while he OR
SHE is on [parole] COMMUNITY SUPERVISION, without prior written approval
of the [board of  parole]  COMMISSIONER  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  shall  be  ground for revocation of the [parole] COMMUNITY
SUPERVISION.  This section shall not be deemed to impair the validity of
a marriage between a person sentenced to imprisonment for life  and  his
OR HER spouse.
  2.  A sentence to imprisonment for life shall not be deemed to suspend
the right or capacity of any person so sentenced to commence,  prosecute
or  defend  an  action  or  proceeding in any court within this state or
before a body or officer exercising judicial, quasi-judicial or adminis-
trative functions within this state; provided, however,  that  where  at
the  time  of  the commencement and during the prosecution or defense of
such action or proceeding such person is an inmate of  a  state  correc-
tional  institution,  he OR SHE shall not appear at any place other than
within the institution  for  any  purpose  related  to  such  action  or
proceeding  unless  upon a subpoena issued by the court before whom such
action or proceeding is pending or, where such action or  proceeding  is
pending  before a body or officer, before a judge to whom a petition for
habeas corpus could be made under subdivision (b) of section seven thou-
sand two of the civil practice law and rules upon motion  of  any  party
and  upon  a determination that such person's appearance is essential to
the proper and just disposition of the action or proceeding. Unless  the
court  orders  otherwise, a motion for such subpoena shall be made on at
least two days' notice to the commissioner  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  (a) Except as provided in paragraph (b), the state shall not be liable
for  any expense of or related to any such action or proceeding, includ-
ing but not limited to the expense of or  related  to  transporting  the
inmate  to, or lodging or guarding him OR HER at any place other than in
a  state  correctional  institution.  The  [Department]  DEPARTMENT   of
[Correctional  Services] CORRECTIONS AND COMMUNITY SUPERVISION shall not
be required to perform any services related to such action  or  proceed-
ing,  including but not limited to transporting the inmate to or lodging
or guarding him OR HER at any place  other  than  a  state  correctional
institution  unless  and  until the [Department] DEPARTMENT has received
payment for such services.
  S 58. Subparagraphs (ii) and (iv) of paragraph (c) of subdivision 4 of
section 58 of the civil service law, as amended by chapter  190  of  the
laws of 2008, are amended to read as follows:
  (ii)  Notwithstanding any other provision of law, in any jurisdiction,
other than a city with a population of one million or more or the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, which does not administer examinations for designation to detec-

S. 2812--C                         128                        A. 4012--C

tive or investigator, any person who has received permanent  appointment
to  the  position  of  police officer, correction officer of any rank or
deputy sheriff and is temporarily assigned  to  perform  the  duties  of
detective  or investigator shall, whenever such assignment to the duties
of a detective or investigator exceeds eighteen months,  be  permanently
designated  as  a detective or investigator and receive the compensation
ordinarily paid to persons in such designation.
  (iv) Detectives and investigators designated since  September  twenty-
third,  nineteen  hundred  ninety  and  prior to February twenty-fourth,
nineteen hundred ninety-five by any state, county, town, village or city
(other than a city with a population of one million or more or the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION)  police,  correction  or  sheriffs  department,  pursuant to the
provisions of this paragraph in effect during such period, who  continue
to serve in such positions, shall retain their detective or investigator
status without any right to retroactive financial entitlement.
  S  59.  Subdivision  2  of  section  59-a of the civil service law, as
amended by chapter 190 of the laws  of  2008,  is  amended  to  read  as
follows:
  2. Notwithstanding the provisions of this chapter or any provisions to
the  contrary  contained  in  any  general,  special, or local laws, any
person holding a permanent competitive class  appointment  as  a  police
officer,  correction  officer  of any rank or deputy sheriff in a police
force, police department or sheriffs department in a jurisdiction  other
than  a  city  with  a  population  of  one million or more or the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  who  was  serving  in  a detective or investigator capacity, as
designated by such police force, police department or  sheriffs  depart-
ment,  on  the  date  such  position  was  classified by the local civil
service commission having jurisdiction and for at least eighteen  months
immediately  preceding  such date, shall receive a permanent appointment
to a detective or investigator position, in such title as may be proper-
ly classified by the local civil service commission having jurisdiction,
without further examination or qualifications and  shall  have  all  the
rights and privileges of the jurisdictional class to which such position
may be allocated.
  S  60.  Subparagraph  6  of  paragraph b and the opening paragraphs of
paragraphs g and j of subdivision 1 of section 130 of the civil  service
law,  subparagraph 6 of paragraph b as added by chapter 4 of the laws of
2007, the opening paragraph of paragraph g as added by  chapter  214  of
the  laws  of  2009 and the opening paragraph of paragraph j as added by
chapter 152 of the laws of 2010, are amended to read as follows:
  (6) Effective on the dates indicated in paragraph i of  this  subdivi-
sion,  salary  grades  for positions in the competitive, non-competitive
and labor classes of the classified service of the state of New York  in
the  collective  negotiating unit designated as the security supervisors
unit established pursuant to article fourteen of this  chapter  who  are
police  officers  pursuant to subdivision thirty-four of section 1.20 of
the criminal procedure law, except those members  designated  as  police
officers pursuant to chapter six hundred ninety-three of the laws of two
thousand six, shall be as prescribed in paragraph i of this subdivision.
Effective  on  the  dates  indicated in paragraph j of this subdivision,
salary grades for positions  in  the  competitive,  non-competitive  and
labor  classes of the classified service of the state of New York in the
collective negotiating unit designated as the security supervisors  unit
established  pursuant  to  article  fourteen  of  this  chapter  who are

S. 2812--C                         129                        A. 4012--C

employed by the state department of [correctional services]  CORRECTIONS
AND  COMMUNITY SUPERVISION and are designated as peace officers pursuant
to subdivision twenty-five of section 2.10 of the criminal procedure law
shall be as prescribed in paragraph j of this subdivision.
  Pursuant to the terms of an interest arbitration award issued pursuant
to subdivision four of section two hundred nine of this chapter covering
members  of  the  security  services collective negotiating unit who are
employed  within  the  state  department  of   [correctional   services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION and who are designated as peace
officers pursuant to section 2.10 of the criminal procedure law,  effec-
tive  on  the dates indicated, salary grades for such unit members shall
be as follows:
  Pursuant to the terms of an agreement between the state and an employ-
ee organization entered into pursuant to article fourteen of [the  civil
service law] THIS CHAPTER covering members of the collective negotiating
unit  designated  as  security supervisors who are employed by the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  and  are  designated  as  peace officers pursuant to subdivision
twenty-five of section 2.10 of the criminal procedure law, effective  on
the  dates  indicated,  salary  grades for such unit members shall be as
follows:
  S 61. Subdivision 2 of section  134  of  the  civil  service  law,  as
amended  by  chapter  373  of  the  laws  of 1958, is amended to read as
follows:
  2. Any person employed by the  state  in  any  institution  under  the
jurisdiction  of  the  department  of  mental hygiene, the department of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION,  the  department  of
health  or the department of social welfare, or in the state barge canal
system, or in the New York state school for the blind,  Batavia,  or  in
the  New  York  state  veterans' rest camp, Mt. McGregor, whose hours of
labor are limited to forty hours per week, or six days per week, by  law
or  administrative  regulation,  who  is  not  allowed  time  off by the
appointing officer, during any fiscal year commencing on or after  April
first, nineteen hundred forty-six, for any holiday, pass day or vacation
period  which  he  was  eligible  to receive by law or by administrative
regulation, shall, upon the approval of the superintendent or other head
of such institution or department and the director  of  the  budget,  be
entitled  to compensation therefor at the hourly rate of pay received by
such employee, or shall be allowed an equivalent amount of time  off  in
lieu of such compensation.
  S 62. Subdivisions 1, 2 and 3 of section 136 of the civil service law,
subdivisions  1  and  3 as separately amended by chapters 471 and 474 of
the laws of 1980, and subdivision 2 as amended by chapter 74 of the laws
of 2000, are amended to read as follows:
  1. The term "teacher", for purposes of this section, means any employ-
ee of a state facility or institution in the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES in the executive department and  in  the
departments  of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, health, mental hygiene and social services  holding  a  position
the  principal  duty of which is the teaching or instruction of patients
or inmates, or the direct supervision of such teaching  or  instruction,
including  an  institution  education  director,  as  determined  by the
department of civil service subject to approval of the director  of  the
budget.
  2.  The  annual  salary of a teacher shall be determined in accordance
with the provisions of this article. Commencing July  first,  two  thou-

S. 2812--C                         130                        A. 4012--C

sand,  the  total  salary which a teacher would otherwise be entitled to
receive for any year beginning on July first shall be paid  over  either
(a)  a  period of consecutive months beginning with the first day of the
facility's  or institution's academic year, as determined by the employ-
er, and ending with the last day  of  the  facility's  or  institution's
academic year, as determined by the employer or, in the case of a teach-
er in the department of [correctional services] CORRECTIONS AND COMMUNI-
TY  SUPERVISION,  over  a period of ten consecutive months designated by
the commissioner of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  (b)  a  period of twelve months from September first to
August thirty-first. Any such teacher who is required  to  work  in  his
position or in any other position allocated to a salary grade in section
one hundred thirty of this chapter in the period of time that is outside
the  facility's  or  institution's  academic  year, as determined by the
employer or, in the case of a teacher in the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION in the two month  period
outside  of the ten consecutive months designated by the commissioner of
[correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
receive  additional  compensation therefor. If such work is performed in
his regular position or title or in a position the  title  of  which  is
allocated  to  the  same  salary grade as his regular position, he shall
receive additional compensation therefor  at  the  hourly  rate  of  pay
received  by him in his regular position. If such work is performed in a
position having a title allocated to a lower salary grade than the sala-
ry grade to which the title of his regular  position  is  allocated,  he
shall receive additional compensation therefor at the hourly rate of pay
of  the  job  rate  of  the  grade of the position in which such work is
performed, or at such job rate plus the additional increment  or  incre-
ments of such grade if he would be entitled to such additional increment
or  increments were he then appointed to such position; provided, howev-
er, that when such hourly rate exceeds the hourly rate of  pay  received
by  him in his regular position, his additional compensation shall be at
the hourly rate of pay of  his  regular  position.  When  such  work  is
performed  in  a  position  allocated  to a salary grade higher than the
salary grade to which  his  regular  position  is  allocated,  he  shall
receive  additional  compensation  therefor at the hourly rate of pay of
the rate of compensation to which he would be entitled if he were perma-
nently promoted to the position in which such work is performed.
  3. Teachers shall not be subject to the rules governing  sick  leaves,
vacations,  time  allowances  and  other conditions of employment in the
classified service of the state established pursuant to PARAGRAPH (C) OF
subdivision one [(c)] of section six  of  the  civil  service  law.  The
director  of  the  [division  for  youth]  OFFICE OF CHILDREN AND FAMILY
SERVICES, the commissioner of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  the commissioner of health, the commissioner of
mental [hygiene] HEALTH and the commissioner of social services, respec-
tively, shall adopt regulations for sick leaves, vacations, time  allow-
ances  and  other  conditions of employment which shall be applicable to
teachers under its or his jurisdiction and,  notwithstanding  any  other
provision  of  law, such rules may provide for cash payment of the mone-
tary value of accumulated and unused vacation and time allowances grant-
ed in lieu of overtime compensation standing to the credit of an employ-
ee at the time of his separation from service or his entrance  into  the
armed forces of the United States for active duty (other than for train-
ing)  as  defined in title ten of the United States code, whether or not
such entrance constitutes a separation from service, and for the payment

S. 2812--C                         131                        A. 4012--C

of the monetary value of his  accumulated  and  unused  time  allowances
granted  in  lieu  of overtime compensation standing to the credit of an
employee at the time of his appointment, promotion or transfer to anoth-
er  department  or  agency  of the state. Such rules shall be subject to
approval of the state civil service commission.
  S 63. Paragraph (a) of subdivision 1  of  section  178  of  the  civil
service  law, as added by chapter 390 of the laws of 2005, is amended to
read as follows:
  (a) "Assailant" means a person arrested and charged with a  crime,  as
defined  in  section  10.00  of the penal law, or a person committed to,
certified  to,  or  placed  in  the  custody  of   the   department   of
[corrections] CORRECTIONS AND COMMUNITY SUPERVISION or any other correc-
tional facility or county jail.
  S 64. Subdivision 2, the opening paragraph and paragraph (f) of subdi-
vision  4 of section 209 of the civil service law, subdivision 2 and the
opening paragraph of subdivision 4 as amended by chapter 234 of the laws
of 2008, paragraph (f) of subdivision 4 as amended by chapter 179 of the
laws of 2008, are amended to read as follows:
  2. Public employers are hereby empowered to enter into written  agree-
ments  with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such  agreements  may  include
the  undertaking  by each party to submit unresolved issues to impartial
arbitration. In the absence or upon  the  failure  of  such  procedures,
public  employers  and  employee  organizations may request the board to
render assistance as provided in this section, or the board  may  render
such  assistance  on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which  previously  was  a
part  of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police  district,  or
detective-investigators, or rackets investigators employed in the office
of  a  district attorney of a county, or in regard to any organized unit
of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators,  senior  investigators  and
investigator  specialists  of the division of state police, or in regard
to members  of  collective  negotiating  units  designated  as  security
services  and  security  supervisors  who  are  police officers, who are
forest ranger captains or who are employed by the  state  department  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION and are
designated as peace officers  pursuant  to  subdivision  twenty-five  of
section  2.10  of the criminal procedure law, or in regard to members of
the collective negotiating unit designated as the agency law enforcement
services unit who are police officers pursuant  to  subdivision  thirty-
four  of  section  1.20  of the criminal procedure law or who are forest
rangers, or in regard to organized units  of  deputy  sheriffs  who  are
engaged  directly  in criminal law enforcement activities that aggregate
more than fifty per centum of their service as certified by  the  county
sheriff  and  are police officers pursuant to subdivision thirty-four of
section 1.20 of the criminal procedure law as certified by the municipal
police training council or Suffolk county correction officers or Suffolk
county park police, as provided in subdivision four of this section.
  On request of either party or upon its  own  motion,  as  provided  in
subdivision  two  of this section, and in the event the board determines
that an impasse exists in collective negotiations between such  employee

S. 2812--C                         132                        A. 4012--C

organization and a public employer as to the conditions of employment of
officers  or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized  fire
department  whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any  county,  city,
town,  village  or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in  the  office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers  of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior  investi-
gators  and investigator specialists of the division of state police, or
as to the terms and conditions of employment of  members  of  collective
negotiating  units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of [correctional services]  CORRECTIONS
AND  COMMUNITY SUPERVISION and are designated as peace officers pursuant
to subdivision twenty-five of section 2.10  of  the  criminal  procedure
law,  or  in regard to members of the collective negotiating unit desig-
nated as the agency law enforcement services unit who are  police  offi-
cers pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure  law  or  who  are  forest rangers, or as to the conditions of
employment of any organized unit of  deputy  sheriffs  who  are  engaged
directly in criminal law enforcement activities that aggregate more than
fifty per centum of their service as certified by the county sheriff and
are  police officers pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law  as  certified  by  the  municipal  police
training council or Suffolk county correction officers or Suffolk county
park police, the board shall render assistance as follows:
  (f)  With regard to any members of collective negotiating units desig-
nated as security services or security supervisors, who are police offi-
cers, who are forest ranger captains or who are employed  by  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and are designated as  peace  officers  pursuant  to  subdivision
twenty-five  of section 2.10 of the criminal procedure law, or in regard
to members of the collective negotiating unit designated as  the  agency
law enforcement services unit who are police officers pursuant to subdi-
vision  thirty-four of section 1.20 of the criminal procedure law or who
are forest rangers, or in regard  to  detective-investigators,  criminal
investigators  or  rackets  investigators  employed  in  the office of a
district attorney of a county contained within a city with a  population
of  one million or more, the provisions of this section shall only apply
to the terms of collective bargaining agreements  directly  relating  to
compensation,  including, but not limited to, salary, stipends, location
pay, insurance, medical and  hospitalization  benefits;  and  shall  not
apply  to  non-compensatory  issues  including,  but not limited to, job
security, disciplinary procedures and actions, deployment or scheduling,
or issues relating to eligibility for overtime compensation which  shall
be governed by other provisions proscribed by law.
  S  65. Section 217-a of the county law, as added by chapter 134 of the
laws of 1984, is amended to read as follows:
  S 217-a. Qualification for employment as a county correction  officer.
A  county  may adopt the provisions contained in section twenty-two-a of
the correction law relating to qualifications of its officials  who  may
thereafter  be  appointed  in  a  law enforcement capacity in any of its
penal correctional institutions. Any determination that would  otherwise

S. 2812--C                         133                        A. 4012--C

be  made by the commissioner or his OR HER designee of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION under  the
provisions of section twenty-two-a of the correction law, shall, if such
provisions  are so adopted, be made by the appointing authority for such
officials.
  S 66. Subdivision 4 of section 652 of the county  law  is  amended  to
read as follows:
  4.  Before the appointment by a sheriff of any person as an undersher-
iff or a deputy, other than a person deputed to do particular acts,  the
sheriff  shall  require such person to, and such person shall, submit to
the sheriff fingerprints of [the two hands of] such person, IN THE  FORM
AND  MANNER PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, and
it shall thereupon be the duty of the sheriff to compare, or cause to be
compared such fingerprints with fingerprints filed with the division  of
criminal  [identification of the state department of correction] JUSTICE
SERVICES; provided, however, that in any case where the fingerprints  of
any  such person shall once have been submitted pursuant to this section
and are on file in the office of the sheriff, no new submission  thereof
shall be required, nor shall the sheriff be required to make or cause to
be  made  such comparison if such comparison shall have been made previ-
ously and certification thereof by such department is  on  file  in  his
office.
  S 67. Subdivision 9 of section 10 of the court of claims act, as added
by section 2 of part D of chapter 412 of the laws of 1999, is amended to
read as follows:
  9.  A claim of any inmate in the custody of the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION for  recovery  of
damages  for  injury  to  or  loss of personal property may not be filed
unless and until the inmate has exhausted the personal  property  claims
administrative  remedy,  established for inmates by the department. Such
claim must be filed and served within one hundred twenty days after  the
date on which the inmate has exhausted such remedy.
  S  68.  Subdivision  6-a  of section 20 of the court of claims act, as
amended by section 46 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  6-a.  Notwithstanding  the provisions of subdivisions five, five-a and
six of this section, in any case where a judgment or any part thereof is
to be paid to an inmate serving a  sentence  of  imprisonment  with  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION or to a prisoner confined at a local correctional  facility,
the  comptroller  shall  give  written  notice,  if required pursuant to
subdivision two of section six hundred  thirty-two-a  of  the  executive
law,  to  the office of victim services that such judgment shall be paid
thirty days after the date of such notice.
  S 69. Section 20-a of the court of claims act, as amended  by  chapter
62 of the laws of 2001, is amended to read as follows:
  S   20-a.  Settlement  of  claims.  Notwithstanding  any  inconsistent
provision of this act or of the state finance law, the comptroller shall
examine, audit, and certify for payment  the  settlement  of  any  claim
filed  in  the  court  of claims for injuries to personal property, real
property, or for personal injuries caused by the tort of an  officer  or
employee of the state while acting as such officer or employee, provided
that a stipulation of settlement executed by the parties shall have been
approved by order of the court. No such stipulation shall be executed on
behalf of the state without, after consultation with the director of the
budget,  the  approval  of  the  head of the department or agency having

S. 2812--C                         134                        A. 4012--C

supervision of the officer or employee alleged to have caused the  inju-
ries  and  of  the  attorney general. The attorney general shall cause a
review to be made within the department of law of all cases filed in the
court  of  claims  to determine which cases are appropriate for possible
settlement. Payment of any claim made pursuant  to  the  approval  of  a
settlement  by  the  court shall be made from the funds appropriated for
the purpose of payment  of  judgments  against  the  state  pursuant  to
section  twenty  of this act. In any case where payment is to be made to
an inmate serving a sentence of imprisonment with the  state  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or to a
prisoner  confined  at a local correctional facility, the procedures set
forth in subdivision six-a of section twenty of this  article  shall  be
followed.  On  or before January fifteenth the comptroller, in consulta-
tion with the department of law and other agencies as may  be  appropri-
ate, shall submit to the governor and the legislature an annual account-
ing  of  settlements  paid pursuant to this section during the preceding
and current fiscal years. Such accounting  shall  include,  but  not  be
limited  to the number, type and amount of claims so paid, as well as an
estimate of claims to be paid during the remainder of the current fiscal
year and during the following fiscal year.
  S 70. Subdivisions 23, 23-a and 25 of section  2.10  of  the  criminal
procedure  law,  subdivisions  23  and 25 as added by chapter 843 of the
laws of 1980, and subdivision 23-a as added by chapter 404 of  the  laws
of 2000, are amended to read as follows:
  23.  Parole  officers  or warrant officers in the [division of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  23-a. Parole  revocation  specialists  in  the  [division  of  parole]
DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION; provided, however,
that nothing in this subdivision  shall  be  deemed  to  authorize  such
employee  to  carry,  possess, repair or dispose of a firearm unless the
appropriate license therefor has been issued pursuant to section  400.00
of the penal law.
  25.  Officials, as designated by the commissioner of the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  pursuant
to rules of the department, and correction officers of any state correc-
tional facility or of any penal correctional institution.
  S  71.  Section  120.55  of  the criminal procedure law, as amended by
chapter 456 of the laws of 1981, is amended to read as follows:
S 120.55 [Warant] WARRANT of arrest; [defendent] DEFENDANT under  parole
             or probation supervision.
  If  the  defendant  named within a warrant of arrest issued by a local
criminal court pursuant to the provisions of this article, or by a supe-
rior court issued pursuant to subdivision three  of  section  210.10  of
[such]  THIS chapter, is under the supervision of the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or  a  local
or  state probation department, then a warrant for his OR HER arrest may
be executed by a parole officer or probation officer, when authorized by
his OR HER probation director, within his OR HER  geographical  area  of
employment.    The  execution  of  the  warrant  by  a parole officer or
probation officer shall be upon the same conditions and conducted in the
same manner as provided for execution of a warrant by a police officer.
  S 72. Subdivisions 1, 2, 3 and 5 of section  140.10  of  the  criminal
procedure  law, subdivisions 1, 2 and 3 as amended by chapter 997 of the
laws of 1970, paragraph (a) of subdivision 2 as amended by  chapter  300
of  the laws of 2003, and subdivision 5 as amended by chapter 476 of the
laws of 2009, are amended to read as follows:

S. 2812--C                         135                        A. 4012--C

S 140.10 Arrest without a warrant; by police  officer;  when  and  where
             authorized.
  1.  Subject to the provisions of subdivision two, a police officer may
arrest a person for:
  (a) Any offense when he OR SHE has reasonable cause  to  believe  that
such person has committed such offense in his OR HER presence; and
  (b)  A  crime when he OR SHE has reasonable cause to believe that such
person has committed such crime, whether  in  his  OR  HER  presence  or
otherwise.
  2.  A police officer may arrest a person for a petty offense, pursuant
to subdivision one, only when:
  (a) Such offense was committed or believed by him or her to have  been
committed  within the geographical area of such police officer's employ-
ment or within one hundred yards of such geographical area; and
  (b) Such arrest is made in  the  county  in  which  such  offense  was
committed  or believed to have been committed or in an adjoining county;
except that the police officer may  follow  such  person  in  continuous
close  pursuit, commencing either in the county in which the offense was
or is believed to have been committed or in an adjoining county, in  and
through any county of the state, and may arrest him OR HER in any county
in which he OR SHE apprehends him OR HER.
  3.  A  police  officer  may  arrest  a person for a crime, pursuant to
subdivision one, whether or not such  crime  was  committed  within  the
geographical area of such police officer's employment, and he OR SHE may
make  such  arrest  within  the  state,  regardless  of the situs of the
commission of the crime. In addition,  he  OR  SHE  may,  if  necessary,
pursue  such  person  outside the state and may arrest him OR HER in any
state the laws of  which  contain  provisions  equivalent  to  those  of
section 140.55.
  5.  Upon  investigating a report of a crime or offense between members
of the same family or household as such terms  are  defined  in  section
530.11  of  this  chapter and section eight hundred twelve of the family
court act, a law enforcement officer shall prepare and  file  a  written
report  of the incident, on a form promulgated pursuant to section eight
hundred thirty-seven of the executive law, including statements made  by
the  victim  and  by  any  witnesses,  and  make  any additional reports
required by local law enforcement policy  or  regulations.  Such  report
shall  be  prepared  and  filed,  whether  or not an arrest is made as a
result of the officers' investigation, and shall be retained by the  law
enforcement  agency  for a period of not less than four years. Where the
reported incident involved an offense committed against a person who  is
sixty-five  years  of age or older a copy of the report required by this
subdivision shall be sent to the New York state committee for the  coor-
dination  of  police services to elderly persons established pursuant to
section eight hundred forty-four-b  of  the  executive  law.  Where  the
reported  incident  involved an offense committed by an individual known
by the law enforcement officer to be under probation  or  parole  super-
vision, he or she shall transmit a copy of the report as soon as practi-
cable  to  the  supervising  probation  department  or  the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  S 73. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
procedure law, as amended by chapter 169 of the laws of 1994, is amended
to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order

S. 2812--C                         136                        A. 4012--C

pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency  upon ex parte motion in any superior court, if such
agency demonstrates to  the  satisfaction  of  the  court  that  justice
requires  that  such records be made available to it, or (iii) any state
or local officer or agency  with  responsibility  for  the  issuance  of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York state [division of parole] DEPARTMENT OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  when  the accused is on parole
supervision as a result of  conditional  release  or  a  parole  release
granted  by  the New York state board of parole, and the arrest which is
the subject of the inquiry is one which occurred while the  accused  was
under such supervision or (v) any prospective employer of a police offi-
cer  or peace officer as those terms are defined in subdivisions thirty-
three and thirty-four of section 1.20 of this chapter, in relation to an
application for  employment  as  a  police  officer  or  peace  officer;
provided,  however,  that every person who is an applicant for the posi-
tion of police officer or peace officer shall be furnished with  a  copy
of all records obtained under this paragraph and afforded an opportunity
to make an explanation thereto, or (vi) the probation department respon-
sible  for  supervision  of  the  accused  when  the arrest which is the
subject of the inquiry is one which occurred while the accused was under
such supervision; and
  S 74. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such  person's  designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in  which  the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
parte  motion  in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires  that  such  records  be
made available to it, or (iii) any state or local officer or agency with
responsibility  for  the  issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv)  the  New  York
state  [division  of  parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY
SUPERVISION when the accused is under parole supervision as a result  of
conditional  release  or  parole  release  granted by the New York state
board of parole and the arrest which is the subject of  the  inquiry  is
one  which occurred while the accused was under such supervision, or (v)
the probation department responsible for supervision of the accused when
the arrest which is the subject of the inquiry  is  one  which  occurred
while  the  accused was under such supervision, or (vi) a police agency,
probation department,  sheriff's  office,  district  attorney's  office,
department  of correction of any municipality and parole department, for
law enforcement purposes, upon arrest in instances in which the individ-
ual stands convicted of harassment in the second degree, as  defined  in
section  240.26 of the penal law, committed against a member of the same
family or household as the defendant, as defined in subdivision  one  of
section  530.11  of this chapter, and determined pursuant to subdivision
eight-a of section 170.10 of this title; and
  S 75. Subdivisions 4 and 5 of section 380.50 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, are amended to read as
follows:
  4. Regardless of whether the victim requests to make a statement  with
regard  to the defendant's sentence, where the defendant is committed to

S. 2812--C                         137                        A. 4012--C

the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION upon a sentence of imprisonment for conviction  of
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined  in article one hundred twenty-five of such law, or a
sex offense as defined in subdivision (p) of section 10.03 of the mental
hygiene law, within sixty days of the imposition of sentence the  prose-
cutor  shall provide the victim with a form, prepared and distributed by
the  commissioner  of  the   department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION, on which the victim may indicate
a demand to be informed of the escape,  absconding,  discharge,  parole,
conditional  release,  release  to post-release supervision, transfer to
the custody of the office of mental health pursuant to  article  ten  of
the mental hygiene law, or release from confinement under article ten of
the  mental  hygiene  law  of  the  person  so imprisoned. If the victim
submits a completed form to the prosecutor, it shall be the duty of  the
prosecutor to mail promptly such form to the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  5. Following the receipt of such form from the prosecutor, it shall be
the  duty  of  the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or, where the person is committed to  the  custody
of  the  office of mental health, at the time such person is discharged,
paroled, conditionally released, released to  post-release  supervision,
or  released  from  confinement  under article ten of the mental hygiene
law, to notify the victim of such occurrence by certified mail  directed
to  the address provided by the victim. In the event such person escapes
or absconds from a facility under the jurisdiction of the department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION, it shall
be the duty of such department to notify immediately the victim of  such
occurrence  at  the most current address or telephone number provided by
the victim in the most reasonable and expedient possible manner. In  the
event  such  escapee  or absconder is subsequently taken into custody by
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  it  shall  be  the  duty  of such department to notify the
victim of such occurrence by certified  mail  directed  to  the  address
provided by the victim within forty-eight hours of regaining such custo-
dy.  In  the  case  of a person who escapes or absconds from confinement
under article ten of the mental hygiene law, the office of mental health
shall notify the victim or victims in accordance with the procedures set
forth in subdivision (g) of section 10.10 of the mental hygiene law.  In
no case shall the state be held liable for failure to provide any notice
required by this subdivision.
  S 76. Subdivisions 1, 6 and 8 of section 410.91 of the criminal proce-
dure  law,  subdivision  1 as amended by chapter 121 of the laws of 2010
and subdivisions 6 and 8 as added by chapter 3 of the laws of 1995,  are
amended to read as follows:
  1.  A  sentence  of parole supervision is an indeterminate sentence of
imprisonment, or a determinate sentence of imprisonment imposed pursuant
to paragraphs (b) and (d) of subdivision three of section 70.70  of  the
penal  law,  which may be imposed upon an eligible defendant, as defined
in subdivision two of this section. If an indeterminate  sentence,  such
sentence  shall have a minimum term and a maximum term within the ranges
specified by subdivisions three and four of section 70.06 of  the  penal
law.  If  a determinate sentence, such sentence shall have a term within
the ranges specified by subparagraphs (iii) and (iv) of paragraph (b) of
subdivision three of section 70.70 of the penal law. Provided,  however,
if  the  court  directs  that  the sentence be executed as a sentence of

S. 2812--C                         138                        A. 4012--C

parole supervision, it shall remand the defendant for immediate delivery
to a reception center operated by the state department of  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  in accordance with
section  430.20  of  this  chapter  and  section  six hundred one of the
correction law, for a period not to exceed ten days. An  individual  who
receives such a sentence shall be placed under the immediate supervision
of the [state division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY  SUPERVISION  and  must  comply  with the conditions of parole, which
shall include an initial placement in a  drug  treatment  campus  for  a
period  of  ninety  days  at  which time the defendant shall be released
therefrom.
  6. Upon delivery of the defendant to the reception center, he  or  she
shall be given a copy of the conditions of parole by a representative of
the  [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION and shall acknowledge receipt of a  copy  of  the  conditions  in
writing.  The conditions shall be established in accordance with article
twelve-B of the executive law and  the  rules  and  regulations  of  the
[division]  BOARD of parole. Thereafter and while the parolee is partic-
ipating in the intensive drug treatment program  provided  at  the  drug
treatment campus, the [division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION shall assess the parolee's special needs and shall
develop an intensive program of parole supervision that will address the
parolee's  substance  abuse  history  and  which  shall include periodic
urinalysis testing. Unless inappropriate, such program shall include the
provision of treatment services by  a  community-based  substance  abuse
service  provider  which  has  a  contract with the [division of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  8. If the parole officer having charge of a person sentenced to parole
supervision pursuant to this section has  reasonable  cause  to  believe
that  such  person has violated the conditions of his or her parole, the
procedures of subdivision three of section two hundred  fifty-nine-i  of
the  executive  law  shall  apply  to  the issuance of a warrant and the
conduct  of  further  proceedings;  provided,  however,  that  a  parole
violation  warrant issued for a violation committed while the parolee is
being supervised at a drug treatment campus shall  constitute  authority
for  the immediate placement of the parolee into a correctional facility
operated by the department of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION, which to the extent practicable shall be reason-
ably proximate to the place at which the violation occurred, to hold  in
temporary  detention  pending  completion  of the procedures required by
subdivision three of section two hundred fifty-nine-i of  the  executive
law.
  S 77. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
law, as amended by chapter 3 of the laws of 1995, are amended to read as
follows:
  2. Indeterminate and determinate sentences. In the case of an indeter-
minate  or  determinate  sentence of imprisonment, commitment must be to
the  custody  of  the  state  department  of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION as provided in subdivision one of
section 70.20 of the penal law. The order of commitment must direct that
the defendant be delivered to an institution designated by  the  commis-
sioner  of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION
in accordance with the provisions of the correction law.
  4. Certain resentences. When a sentence of imprisonment that has  been
imposed  on a defendant is vacated and a new sentence is imposed on such
defendant for the same offense, or for an offense based  upon  the  same

S. 2812--C                         139                        A. 4012--C

act,  if  the  term  of  the new definite or determinate sentence or the
maximum term of the new indeterminate sentence so imposed is  less  than
or equal to that of the vacated sentence:
  (a)  where the time served by the defendant on the vacated sentence is
equal to or greater than the term or maximum term of the  new  sentence,
the  new  sentence  shall be deemed to be served in its entirety and the
defendant shall not be committed to a correctional facility pursuant  to
said sentence; and
  (b)  where  the  defendant was under the supervision of a local condi-
tional release commission or the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  at  the  time the sentence was
vacated, then the commitment shall direct that said conditional  release
or  parole be recommenced, and the defendant shall not be committed to a
correctional facility pursuant to said sentence, except as a  result  of
revocation of parole or of conditional release; and
  (c) where the defendant was not under the supervision of the [division
of  parole]  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION at the
time the indeterminate or determinate sentence was  vacated,  but  would
immediately  be eligible for conditional release from the new indetermi-
nate or determinate sentence, the court shall ascertain from the depart-
ment of [correctional services] CORRECTIONS  AND  COMMUNITY  SUPERVISION
whether  the defendant has earned a sufficient amount of good time under
the vacated sentence so as to require the  conditional  release  of  the
defendant  under the new sentence; in the event the defendant has earned
a sufficient amount of good time, the  court  shall  stay  execution  of
sentence  until  the  defendant  surrenders  at  a correctional facility
pursuant to the direction of the department of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, which shall occur no later than
sixty days after imposition of sentence; upon said  stay  of  execution,
the  court  clerk shall immediately mail to the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION a certified  copy
of  the commitment reflecting said stay of execution and the name, mail-
ing address and telephone number  of  the  defendant's  legal  represen-
tative; in the event the defendant fails to surrender as directed by the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, the department shall notify the  court  which  shall  thereafter
remand the defendant to custody pursuant to section 430.30 of this arti-
cle; and
  (d)  upon  the resentence of a defendant as described in this subdivi-
sion, the court clerk shall immediately mail a  certified  copy  of  the
commitment  to  the  commissioner of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION if the vacated sentence or the new sentence is
an indeterminate or determinate sentence and no mailing is  required  by
paragraph  (c)  of this subdivision; additionally, the court clerk shall
immediately mail a certified copy of the new commitment to the  head  of
the  appropriate  local correctional facility if the vacated sentence or
the new sentence is a definite sentence.
  S 78. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
law, subdivision 2 as amended by chapter 788 of the  laws  of  1971  and
subdivision 4 as amended by chapter 370 of the laws of 1994, are amended
to read as follows:
  2.  Indeterminate [and reformatory] sentences. In the case of an inde-
terminate [or reformatory] sentence of imprisonment, commitment must  be
to  the  custody  of  the  state  department  of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION as provided in subdivision one  of
section 70.20 [and section 75.05] of the penal law. The order of commit-

S. 2812--C                         140                        A. 4012--C

ment  must  direct  that  the  defendant  be delivered to an institution
designated by the commissioner of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION  in  accordance  with  the provisions of the
correction law.
  4.  Certain resentences. When a sentence of imprisonment that has been
imposed on a defendant is vacated and a new sentence is imposed on  such
defendant  for  the  same offense, or for an offense based upon the same
act, if the term of the new definite sentence or the maximum term of the
new indeterminate sentence so imposed is less than or equal to  that  of
the vacated sentence:
  (a)  where the time served by the defendant on the vacated sentence is
equal to or greater than the term or maximum term of the  new  sentence,
the  new  sentence  shall be deemed to be served in its entirety and the
defendant shall not be committed to a correctional facility pursuant  to
said sentence; and
  (b)  where  the  defendant was under the supervision of a local condi-
tional release commission or the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  at  the  time the sentence was
vacated, then the commitment shall direct that said conditional  release
or  parole be recommenced, and the defendant shall not be committed to a
correctional facility pursuant to said sentence, except as a  result  of
revocation of parole or of conditional release; and
  (c) where the defendant was not under the supervision of the [division
of  parole]  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION at the
time the indeterminate sentence was vacated, but  would  immediately  be
eligible  for  conditional  release from the new indeterminate sentence,
the court shall ascertain from the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION whether the defendant has earned a
sufficient amount of good time under  the  vacated  sentence  so  as  to
require the conditional release of the defendant under the new sentence;
in  the event the defendant has earned a sufficient amount of good time,
the court shall stay execution of sentence until the  defendant  surren-
ders at a correctional facility pursuant to the direction of the depart-
ment  of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION,
which shall occur no later than sixty days after imposition of sentence;
upon said stay of execution, the court clerk shall immediately  mail  to
the  commissioner  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION a certified copy of the commitment reflecting said  stay  of
execution  and  the  name,  mailing  address and telephone number of the
defendant's legal representative; in the event the  defendant  fails  to
surrender  as  directed  by  the  department  of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION, the department shall  notify  the
court which shall thereafter remand the defendant to custody pursuant to
section 430.30 of this article; and
  (d)  upon  the resentence of a defendant as described in this subdivi-
sion, the court clerk shall immediately mail a  certified  copy  of  the
commitment  to  the  commissioner of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION if the vacated sentence or the new sentence is
an indeterminate sentence and no mailing is required by paragraph (c) of
this subdivision; additionally, the court clerk shall immediately mail a
certified copy of the new commitment to  the  head  of  the  appropriate
local  correctional facility if the vacated sentence or the new sentence
is a definite sentence.
  S 79. Subdivision 1 of section 440.46 of the criminal  procedure  law,
as  added by section 9 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:

S. 2812--C                         141                        A. 4012--C

  1. Any person in  the  custody  of  the  department  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION convicted of a class B
felony offense defined in article two hundred twenty of  the  penal  law
which  was committed prior to January thirteenth, two thousand five, who
is  serving  an  indeterminate sentence with a maximum term of more than
three years, may,  except  as  provided  in  subdivision  five  of  this
section,  upon  notice to the appropriate district attorney, apply to be
resentenced to a determinate sentence in accordance with sections  60.04
and 70.70 of the penal law in the court which imposed the sentence.
  S  80.  Subdivision 1 of section 440.50 of the criminal procedure law,
as amended by chapter 186 of the laws of 2005, is  amended  to  read  as
follows:
  1.  Upon  the  request  of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a  violent
felony  offense as defined in section 70.02 of the penal law or a felony
defined in article one hundred twenty-five of  such  law,  the  district
attorney  shall, within sixty days of the final disposition of the case,
inform the victim by letter of such final  disposition.  If  such  final
disposition results in the commitment of the defendant to the custody of
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION for an indeterminate sentence, the notice  provided  to  the
crime  victim shall also inform the victim of his or her right to submit
a written, audiotaped, or videotaped  victim  impact  statement  to  the
[state  division  of  parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY
SUPERVISION or to meet personally with a member of the  state  board  of
parole  at a time and place separate from the personal interview between
a member or members of the board and the inmate and make such  a  state-
ment,  subject  to  procedures and limitations contained in rules of the
board, both pursuant to subdivision two of section  two  hundred  fifty-
nine-i of the executive law. The right of the victim under this subdivi-
sion  to  submit a written victim impact statement or to meet personally
with a member of the state board of  parole  applies  to  each  personal
interview between a member or members of the board and the inmate.
  S 81. Subdivisions 8 and 9 of section 530.12 of the criminal procedure
law,  subdivision  8  as amended by section 5 of part D of chapter 56 of
the laws of 2008, and subdivision 9 as amended by  chapter  530  of  the
laws of 1980, are amended to read as follows:
  8.  In  any  proceeding  in  which an order of protection or temporary
order of protection or a warrant has been issued under this section, the
clerk of the court shall issue to  the  complainant  and  defendant  and
defense  counsel and to any other person affected by the order a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order  of  protection  be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or [division of parole] DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  where  the  individual  is  under probation or parole
supervision. The presentation of a copy of such order or  a  warrant  to
any peace officer acting pursuant to his OR HER special duties or police
officer shall constitute authority for him OR HER to arrest a person who
has  violated  the  terms of such order and bring such person before the
court and, otherwise, so far as lies within his OR HER power, to aid  in
securing the protection such order was intended to afford.
  9.  If  no  warrant,  order  or temporary order of protection has been
issued by the court, and an act  alleged  to  be  a  family  offense  as

S. 2812--C                         142                        A. 4012--C

defined  in  section  530.11 of this chapter is the basis of the arrest,
the magistrate shall permit the complainant to file a petition, informa-
tion or accusatory instrument and  for  reasonable  cause  shown,  shall
thereupon  hold  such  respondent  or defendant, admit to, fix or accept
bail, or parole him OR HER for hearing before the family court or appro-
priate criminal court as the complainant shall choose in accordance with
the provisions of section 530.11 of this chapter.
  S 82. Subdivision 6 of section 530.13 of the criminal  procedure  law,
as  amended by section 6 of part D of chapter 56 of the laws of 2008, is
amended to read as follows:
  6. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of  the  court  shall  issue  to the victim and the defendant and
defense counsel and to any other person affected by the order, a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order  of  protection  be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or [division of parole] DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  where  the  individual  is  under probation or parole
supervision. The presentation of a copy of such order or  a  warrant  to
any  police  officer  or  peace  officer  acting  pursuant to his OR HER
special duties shall constitute authority for him OR  HER  to  arrest  a
person  who  has  violated the terms of such order and bring such person
before the court and, otherwise, so far as lies within his OR HER power,
to aid in securing the protection such order was intended to afford.
  S 83. Subdivisions 4, 5 and 6 of section 530.70 of the criminal proce-
dure law, subdivisions 4 and 5 as added and subdivision 6 as  renumbered
by chapter 565 of the laws of 1988 and subdivision 6 as amended by chap-
ter 456 of the laws of 1981, are amended to read as follows:
  4.  The  issuing  court  may authorize the delegation of such warrant.
Where the issuing court has so authorized, a police officer  to  whom  a
bench  warrant  is addressed may delegate another police officer to whom
it is not addressed to execute such warrant as his OR HER agent when:
  (a) He OR SHE has reasonable cause to believe that the defendant is in
a particular county other than the one in which the warrant  is  return-
able; and
  (b)  The geographical area of employment of the delegated police offi-
cer embraces the locality where the arrest is to be made.
  5. Under circumstances specified in subdivision four, the police offi-
cer to whom the bench warrant is  addressed  may  inform  the  delegated
officer,  by telecommunication, mail or any other means, of the issuance
of the warrant, of the offense  charged  in  the  underlying  accusatory
instrument  and  of  all other pertinent details, and may request him OR
HER to act as his OR HER agent in arresting the  defendant  pursuant  to
such  bench  warrant. Upon such request, the delegated police officer is
to the same extent as the delegating officer, authorized  to  make  such
arrest  pursuant  to  the  bench warrant within the geographical area of
such delegated officer's employment. Upon so arresting the defendant, he
OR SHE must without unnecessary delay deliver the defendant or cause him
OR HER to be delivered to the custody of the police officer by  whom  he
OR  SHE  was  so delegated, and the latter must then without unnecessary
delay bring the defendant before the court in which such  bench  warrant
is returnable.

S. 2812--C                         143                        A. 4012--C

  6.  A  bench warrant may be executed by an officer of the state [divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or a
probation officer when the person named within the warrant is under  the
supervision  of  the  [division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY  SUPERVISION  or  a  department of probation and the probation
officer is authorized by his OR HER probation director, as the case  may
be.  The  warrant  must  be executed upon the same conditions and in the
same manner as is otherwise provided for execution by a police officer.
  S 84. Section 570.54 of the criminal procedure law, subdivisions 2 and
3 as amended by chapter 2 of the laws of 1980, is  amended  to  read  as
follows:
S  570.54    Application  for  issuance  of  requisition;  by whom made;
             contents.
  1. When the return to this state of a person  charged  with  crime  in
this state is required, the district attorney of the county in which the
offense  was committed, or, if the offense is one which is cognizable by
him OR HER, the attorney general shall present to the  governor  his  OR
HER  written  application for a requisition for the return of the person
charged, in which application shall be stated the name of the person  so
charged,  the  crime  charged  against him OR HER, the approximate time,
place and circumstances of its commission, the state in which he OR  SHE
is  believed to be, including the location of the accused therein at the
time the application is made and certifying that, in the opinion of  the
said  district  attorney or attorney general the ends of justice require
the arrest and return of the accused to this state for  trial  and  that
the proceeding is not instituted to enforce a private claim.
  2.    When  there is required the return to this state of a person who
has been convicted of a  crime  in  this  state  and  has  escaped  from
confinement or broken the terms of his OR HER bail, probation or parole,
the  district attorney of the county in which the offense was committed,
[the parole board, or] the warden of the institution or sheriff  of  the
county,  from  which  escape  was made, or the commissioner of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  or  his  OR HER designee shall present to the governor a written
application for a requisition for the return of such  person,  in  which
application  shall  be stated the name of the person, the crime of which
he OR SHE was convicted, the circumstances of his  OR  HER  escape  from
confinement  or of the breach of the terms of his OR HER bail, probation
or parole, the state in which he OR SHE is believed to be, including the
location of the person therein at the time the application is made.
  3. The application shall be verified by affidavit, shall  be  executed
in  duplicate  and  shall  be accompanied by two certified copies of the
accusatory instrument stating the offense  with  which  the  accused  is
charged,  or  of  the  judgment  of conviction or of the sentence.   The
district attorney, attorney general, [parole board,] warden, sheriff  or
the  commissioner  of  the  state  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION or his OR HER  designee  may  also
attach such further affidavits and other documents in duplicate as he OR
SHE shall deem proper to be submitted with such application. One copy of
the  application,  with the action of the governor indicated by endorse-
ment thereon, and one of the certified copies of the accusatory  instru-
ment, or of the judgment of conviction or the sentence shall be filed in
the office of the secretary of state to remain of record in that office.
The  other  copies  of all papers shall be forwarded with the governor's
requisition.

S. 2812--C                         144                        A. 4012--C

  S 85. Section 570.56 of the criminal  procedure  law,  as  amended  by
chapter 193 of the laws of 1995, is amended to read as follows:
S 570.56  Expense of extradition.
  The expenses of extradition must be borne by the county from which the
application for a requisition comes or, where the application is made by
the  attorney general, by the county in which the offense was committed.
In the case of extradition of a person who has been convicted of a crime
in this state and has escaped from a state prison  or  reformatory,  the
expense of extradition shall be borne by the department of [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION.   Where a person has
broken the terms of his OR HER parole from a state prison or  reformato-
ry,  the expense of extradition shall be borne by the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.    Where  a
person has broken the terms of his OR HER bail or probation, the expense
of  extradition  shall  be borne by the county.  Where a person has been
convicted but not yet confined to a prison, or has been sentenced for  a
felony  to  a  county  jail or penitentiary and escapes, the expenses of
extradition shall be charged to the county from whose custody the escape
is effected. Nothing in this section shall preclude a county[,]  OR  the
department  of  [correctional  services or the state division of parole]
CORRECTIONS AND COMMUNITY SUPERVISION, as the case may be, from collect-
ing the expenses involved in extradition from the person who was extrad-
ited.
  S 86. Section 650.10 of the criminal  procedure  law,  as  amended  by
chapter 550 of the laws of 1978, is amended to read as follows:
S  650.10    Securing attendance of prisoner in this state as witness in
             proceeding without the state.
  If a judge of a court of record in any other state, which by its  laws
has made provision for commanding a prisoner within that state to attend
and  testify  in this state, certifies under the seal of that court that
there is a criminal prosecution pending in such court or  that  a  grand
jury  investigation  has  commenced, and that a person confined in a New
York state correctional institution or prison within the  department  of
[correction]  CORRECTIONS AND COMMUNITY SUPERVISION, other than a person
confined as criminally mentally ill, or as a  defective  delinquent,  or
confined in the death house awaiting execution, is a material witness in
such  prosecution  or  investigation  and  that  his  OR HER presence is
required for a specified  number  of  days,  upon  presentment  of  such
certificate  to  a  judge  of  a  superior court in the county where the
person is confined, upon notice to the  attorney  general,  such  judge,
shall  fix  a  time  and  place  for  a  hearing and shall make an order
directed to the person having custody of  the  prisoner  requiring  that
such prisoner be produced at the hearing.
  If at such hearing the judge determines that the prisoner is a materi-
al  and necessary witness in the requesting state, the judge shall issue
an order directing that the prisoner attend in the court where the pros-
ecution or investigation is pending, upon such terms and  conditions  as
the  judge  prescribes,  including among other things, provision for the
return of the prisoner at the conclusion of his OR HER testimony, proper
safeguards on his OR HER custody, and proper financial reimbursement  or
other payment by the demanding jurisdiction for all expenses incurred in
the production and return of the prisoner.
  The attorney general is authorized as agent for the state of New York,
when  in  his OR HER judgment it is necessary, to enter into such agree-
ments with the appropriate authorities of the demanding jurisdiction  as

S. 2812--C                         145                        A. 4012--C

he  OR  SHE  determines  necessary  to ensure proper compliance with the
order of the court.
  S 87. Subdivisions 1, 2 and 4 of section 720.35 of the criminal proce-
dure  law,  subdivision 1 as amended by chapter 452 of the laws of 1992,
subdivision 2 as amended by chapter 412 of the laws of 2001 and subdivi-
sion 4 as added by chapter 7 of the laws of 2007, are amended to read as
follows:
  1. A youthful offender adjudication is not a  judgment  of  conviction
for  a  crime  or any other offense, and does not operate as a disquali-
fication of any person so adjudged  to  hold  public  office  or  public
employment  or  to  receive  any license granted by public authority but
shall be deemed a conviction only for the purposes of transfer of super-
vision and custody pursuant to section two hundred fifty-nine-m  of  the
executive law.
  2.  Except where specifically required or permitted by statute or upon
specific authorization of the court, all official  records  and  papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated  a  youthful  offender, are confidential and may not be made
available to any person or public or  private  agency,  other  than  the
designated  educational  official of the public or private elementary or
secondary school in which the youth is enrolled as  a  student  provided
that  such  local  educational official shall only have made available a
notice of such adjudication and shall not have access to any other offi-
cial records and papers, such youth or  such  youth's  designated  agent
(but  only where the official records and papers sought are on file with
a court and request therefor is made to that court or to a clerk  there-
of),  an  institution to which such youth has been committed, the [divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  and
a probation department of this state that requires such official records
and  papers  for the purpose of carrying out duties specifically author-
ized by law; provided, however, that information regarding an  order  of
protection  or  temporary order of protection issued pursuant to section
530.12 of this chapter or a warrant issued in connection  therewith  may
be maintained on the statewide automated order of protection and warrant
registry established pursuant to section two hundred twenty-one-a of the
executive  law during the period that such order of protection or tempo-
rary order of protection is in full force and  effect  or  during  which
such  warrant may be executed. Such confidential information may be made
available pursuant to law only for purposes of adjudicating or enforcing
such order of protection or temporary order  of  protection  and,  where
provided  to  a  designated  educational official, as defined in section
380.90 of this chapter, for purposes related to  the  execution  of  the
student's  educational plan, where applicable, successful school adjust-
ment and reentry into the community. Such  notification  shall  be  kept
separate  and  apart  from  such  student's  school records and shall be
accessible only by the designated educational official.  Such  notifica-
tion  shall  not  be  part of such student's permanent school record and
shall not be appended to or included in any documentation regarding such
student and shall be destroyed at such time as such student is no longer
enrolled in the school district. At no time shall such  notification  be
used for any purpose other than those specified in this subdivision.
  4.  Notwithstanding subdivision two of this section, whenever a person
is adjudicated a youthful offender and the conviction that  was  vacated
and  replaced  by the youthful offender finding was for a sex offense as
that term is defined in article ten  of  the  mental  hygiene  law,  all

S. 2812--C                         146                        A. 4012--C

records  pertaining  to  the  youthful  offender  adjudication  shall be
included in those records and  reports  that  may  be  obtained  by  the
commissioner of mental health or the commissioner of [mental retardation
and developmental disabilities] DEVELOPMENTAL DISABILITIES, as appropri-
ate; the case review panel; and the attorney general pursuant to section
10.05 of the mental hygiene law.
  S  88.  Paragraph  b  of subdivision 1 of section 272 of the education
law, as amended by chapter 787 of the laws of 1978, is amended  to  read
as follows:
  b.  The  "area  served" by a public library system for the purposes of
this article shall  mean  the  area  which  the  public  library  system
proposes  to  serve  in its approved plan of service. In determining the
population of the area served by the public  library  system  the  popu-
lation shall be deemed to be that shown by the latest federal census for
the  political subdivisions in the area served. Such population shall be
certified in the same manner as provided by section  fifty-four  of  the
state finance law except that such population shall include the reserva-
tion  and  school  Indian  population  and inmates of state institutions
under the direction, supervision or control of the state  department  of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION, the state department
of  mental  hygiene  and the state department of social welfare.  In the
event that any of the political subdivisions receiving  library  service
are  included  within  a larger political subdivision which is a part of
the public library system  the  population  used  for  the  purposes  of
computing  state  aid  shall  be  the population of the larger political
subdivision, provided however,  that  where  any  political  subdivision
within a larger political subdivision shall have taken an interim census
since  the  last  census  taken of the larger political subdivision, the
population of the  larger  political  subdivision  may  be  adjusted  to
reflect  such  interim census and, as so adjusted, may be used until the
next census of such larger political subdivision. In the event that  the
area  served  is not coterminous with a political subdivision, the popu-
lation of which is shown on such census, or the area in square miles  of
which is available from official sources, such population and area shall
be  determined,  for the purpose of computation of state aid pursuant to
section two hundred seventy-three OF THIS PART by applying to the  popu-
lation and area in square miles of such political subdivision, the ratio
which exists between the assessed valuation of the portion of such poli-
tical subdivision included within the area served and the total assessed
valuation of such political subdivision.
  S 89. Subparagraph 3 of paragraph a of subdivision 9 of section 605 of
the  education  law,  as  amended by chapter 523 of the laws of 1992, is
amended to read as follows:
  (3) The applicant must agree to practice medicine in an  area  in  New
York  state  designated as having a shortage of physicians. The regents,
after consultation  with  the  commissioners  of  health,  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  mental  health and
[mental retardation and]  developmental  disabilities,  shall  designate
those  regions and facilities of New York state which have a shortage of
physicians for the purposes of this section and establish relative rank-
ings thereof.
  S 90. Subdivision 6 of section 6542 of the education law,  as  amended
by chapter 179 of the laws of 1992, is amended to read as follows:
  6.  Notwithstanding any other provision of this article, nothing shall
prohibit a physician employed by or rendering services to the department
of [correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  under

S. 2812--C                         147                        A. 4012--C

contract  from  supervising  no  more  than four physician assistants or
specialist assistants in his practice for the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  91. Subdivision 16-a of section 3-102 of the election law, as added
by section 10 of part OO of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  16-a.  provide  the department of [correctional services and the divi-
sion of parole] CORRECTIONS AND COMMUNITY SUPERVISION with a  sufficient
number  of  voter registration forms to allow the department of [correc-
tional services and the division of parole]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  to  comply with the duty to provide such voter registration
forms to persons upon the expiration of their maximum sentence of impri-
sonment. Such voter registration forms shall be addressed to  the  state
board of elections.
  S  92. Subdivision 3 of section 11-0707 of the environmental conserva-
tion law, as amended by chapter 319 of the laws of 2003, is  amended  to
read as follows:
  3.  Any  person  who  is a patient at any facility in this state main-
tained by the United States Veterans' Administration or at any  hospital
or  sanitorium  for treatment of tuberculosis maintained by the state or
any municipal corporation thereof or resident patient at any institution
of the department of Mental Hygiene, or resident patient at the rehabil-
itation hospital of the department of Health, or at any rest camp  main-
tained  by  the  state  through the Division of Veterans' Affairs in the
Executive Department or any inmate of a conservation  work  camp  within
the  youth  rehabilitation  facility  of  the department of [correction]
CORRECTIONS AND COMMUNITY SUPERVISION, or any inmate of a youth opportu-
nity or youth rehabilitation center within the Office  of  Children  and
Family  Services,  any  resident of a nursing home or residential health
care facility as defined in subdivisions two and three of section  twen-
ty-eight  hundred  one  of the public health law, or any staff member or
volunteer accompanying or assisting one or more residents of such  nurs-
ing  home or residential health care facility on an outing authorized by
the administrator of such nursing home or residential health care facil-
ity may take fish as if he held a fishing license, except  that  he  may
not  take  bait fish by net or trap, if he has on his person an authori-
zation upon a form furnished by the department containing such identify-
ing information and data as may be required by it,  and  signed  by  the
superintendent  or  other  head of such facility, institution, hospital,
sanitarium, nursing home, residential health care facility or rest camp,
as the case may be, or by a staff physician thereat duly  authorized  so
to  do  by  the superintendent or other head thereof. Such authorization
with respect to inmates of said conservation work camps shall be limited
to areas under the care, custody and control of the department.
  S 93. Subdivision 1 of section 21 of the executive law, as amended  by
section  2  of  part  B of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. There is hereby created in  the  executive  department  a  disaster
preparedness  commission  consisting of the commissioners of transporta-
tion, health, division of criminal justice services,  education,  social
services,  economic  development,  agriculture  and markets, housing and
community renewal, general services, labor, environmental  conservation,
mental health, parks, recreation and historic preservation, [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION and children and
family services, the president of the New York state energy research and
development authority, the superintendents of state  police,  insurance,

S. 2812--C                         148                        A. 4012--C

banking, the secretary of state, the state fire administrator, the chair
of the public service commission, the adjutant general, the directors of
the  offices  within  the  division  of  homeland security and emergency
services,  the office for technology, and the office of victim services,
the chairs of the thruway  authority,  the  metropolitan  transportation
authority,  the  port  authority  of  New York and New Jersey, the chief
professional officer of the state coordinating chapter of  the  American
Red Cross and three additional members, to be appointed by the governor,
two  of whom shall be chief executives. Each member agency may designate
an officer of that agency, with responsibility for disaster preparedness
matters, who may represent that agency on the  commission.  The  commis-
sioner of the division of homeland security and emergency services shall
serve  as  chair of the commission, and the governor shall designate the
vice chair of the commission. The  members  of  the  commission,  except
those  who serve ex officio, shall be allowed their actual and necessary
expenses incurred in the performance of their duties under this  article
but  shall  receive  no  additional  compensation  for services rendered
pursuant to this article.
  S 94. Paragraph (a) of subdivision 1 of section 169 of  the  executive
law,  as  amended  by  section 20 of part B of chapter 56 of the laws of
2010, is amended to read as follows:
  (a) commissioner of [correctional services] CORRECTIONS AND  COMMUNITY
SUPERVISION,  commissioner of education, commissioner of health, commis-
sioner of mental health, commissioner of [mental retardation and] devel-
opmental disabilities, commissioner of  children  and  family  services,
commissioner  of  temporary and disability assistance, chancellor of the
state university of New York, commissioner  of  transportation,  commis-
sioner  of  environmental  conservation, superintendent of state police,
commissioner of general services and commissioner  of  the  division  of
homeland security and emergency services;
  S  95.  Section  354-a  of the executive law, as separately amended by
sections 34 and 68 of part A of chapter 56  of  the  laws  of  2010,  is
amended to read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political  subdivisions  thereof,  which  provide  assistance,
treatment,  counseling,  care,  supervision  or custody in service areas
involving health, mental health, family services,  criminal  justice  or
employment,  including  but  not limited to the office of alcoholism and
substance abuse services, office of mental health, office  of  probation
and  correctional  alternatives, office of children and family services,
office of temporary and disability  assistance,  department  of  health,
department  of  labor,  local  workforce  investment  boards, office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities,  AND
department of [correctional services and division of parole] CORRECTIONS
AND  COMMUNITY  SUPERVISION,  shall  request assisted persons to provide
information with regard to their veteran  status  and  military  experi-
ences.  Individuals  identifying themselves as veterans shall be advised
that the division of veterans' affairs and local veterans' service agen-
cies established pursuant to section three hundred fifty-seven  of  this
article  provide assistance to veterans regarding benefits under federal
and state  law.  Information  regarding  veterans  status  and  military
service  provided  by  assisted persons solely to implement this section
shall be protected as personal confidential  information  under  article
six-A  of  the  public  officers  law against disclosure of confidential
material, and used only to assist in the diagnosis,  treatment,  assess-

S. 2812--C                         149                        A. 4012--C

ment and handling of the veteran's problems within the agency requesting
such  information and in referring the veteran to the division of veter-
ans' affairs for information and assistance with regard to benefits  and
entitlements under federal and state law.
  S  96.  Paragraph  a  of subdivision 1 of section 374 of the executive
law, as amended by chapter 243 of the laws of 1997, is amended  to  read
as follows:
  a.  Two  members,  to  be  appointed  by  the governor, from among the
commissioners of the departments of economic development,  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  education, health,
labor, mental health and social services, office  of  general  services,
division  of  housing  and  community renewal, and the superintendent of
insurance.
  S 97. Subdivisions 4, 5, 6 and 7 of section 508 of the executive  law,
subdivision 4 as amended by chapter 41 of the laws of 2010, subdivisions
5  and  6  as added by chapter 481 of the laws of 1978, subdivision 7 as
separately amended by chapters 308 and 316 of the laws of 1983 and  such
section as renumbered by chapter 465 of the laws of 1992, are amended to
read as follows:
  4. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may
apply  to  the  sentencing  court for permission to transfer a youth not
less than sixteen nor more than eighteen years of age to the  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.  Such
application shall be made upon notice to the youth, who shall  be  enti-
tled  to be heard upon the application and to be represented by counsel.
The court shall grant the application if it is satisfied that  there  is
no  substantial likelihood that the youth will benefit from the programs
offered by the [division] OFFICE facilities.
  5. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may
transfer an offender not less than eighteen  nor  more  than  twenty-one
years  of  age  to the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION if the [director] COMMISSIONER of  the  [divi-
sion]  OFFICE  certifies  to the commissioner of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION that there is no substantial like-
lihood that the youth will benefit from the programs offered  by  [divi-
sion] OFFICE facilities.
  6.  At  age twenty-one, all juvenile offenders shall be transferred to
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION for confinement pursuant to the correction law.
  7. While in the custody of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, an offender shall be subject to the rules and regu-
lations of the [division] OFFICE,  except  that  his  parole,  temporary
release  and  discharge  shall  be  governed  by  the laws applicable to
inmates of state correctional  facilities  and  his  transfer  to  state
hospitals  in  the  office of mental health shall be governed by section
five hundred [seventeen] NINE of this chapter.  The  [director]  COMMIS-
SIONER  of  the  [division  for  youth]  OFFICE  OF  CHILDREN AND FAMILY
SERVICES  shall,  however,  establish  and  operate  temporary   release
programs  at [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES
facilities for eligible juvenile offenders and contract with the  [divi-
sion  of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION for
the provision of parole supervision services  for  temporary  releasees.
The  rules  and regulations for these programs shall not be inconsistent
with the laws for temporary  release  applicable  to  inmates  of  state
correctional  facilities. For the purposes of temporary release programs
for juvenile offenders only, when referred  to  or  defined  in  article

S. 2812--C                         150                        A. 4012--C

twenty-six  of the correction law, "institution" shall mean any facility
designated by the [director] COMMISSIONER of the  [division  for  youth]
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, "department" shall mean the
[division  for  youth]  OFFICE OF CHILDREN AND FAMILY SERVICES, "inmate"
shall mean a juvenile offender residing in [a  division  for  youth]  AN
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES facility, and "commissioner"
shall mean the director of the [division for youth] OFFICE  OF  CHILDREN
AND  FAMILY SERVICES. Time spent in [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES facilities and in juvenile detention facilities
shall be credited towards the sentence imposed in the same manner and to
the same extent applicable to inmates of state correctional facilities.
  S 98. Subdivision 2 of section 510-c of the executive law, as  amended
by chapter 465 of the laws of 1992, is amended to read as follows:
  2.  Except as provided in subdivision three of this section, any child
who has been placed with the [division] OFFICE OF  CHILDREN  AND  FAMILY
SERVICES  shall  be  deemed to have been discharged therefrom if, during
the period provided in the order of placement or extension thereof,  the
child is convicted of a crime or adjudicated a youthful offender, and is
committed to an institution in the department of [correctional services]
CORRECTIONS  AND  COMMUNITY SUPERVISION or department of mental hygiene,
or receives a one year sentence in a local correctional facility.
  S 99. Paragraph (b) of subdivision 4 of section 575 of  the  executive
law, as separately amended by section 69 of part A and section 4 of part
A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
  (b)  The advisory council shall consist of nine members and [fourteen]
THIRTEEN ex-officio members. Each member shall be appointed to serve for
a term of three years and shall continue in  office  until  a  successor
appointed  member is made. A member appointed to fill a vacancy shall be
appointed for the unexpired term of the member he or she is to  succeed.
All  of  the  members shall be individuals with expertise in the area of
domestic violence. Three members shall be appointed by the governor, two
members shall be appointed upon  the  recommendation  of  the  temporary
president  of the senate, two members shall be appointed upon the recom-
mendation of the speaker of the assembly, one member shall be  appointed
upon  the  recommendation  of the minority leader of the senate, and one
member shall be appointed upon the recommendation of the minority leader
of the assembly. The ex-officio members  of  the  advisory  board  shall
consist  of  one  representative from the staff of each of the following
state departments and divisions:  office  of  temporary  and  disability
services;  department  of health; education department; office of mental
health; office of alcoholism and substance abuse services;  division  of
criminal justice services; office of probation and correctional alterna-
tives;  office  of  children  and  family  services;  office  of  victim
services; office of court administration;  department  of  labor;  state
office  for the aging; AND department of [correctional services; and the
division of parole] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 100. Paragraph (c) of subdivision 1 of section 632-a of  the  execu-
tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
of 2010, is amended to read as follows:
  (c)  "Funds  of  a  convicted  person"  means  all  funds and property
received from any source by a person convicted of a specified crime,  or
by  the  representative  of such person as defined in subdivision six of
section six hundred twenty-one of this article excluding  child  support
and earned income, where such person:
  (i)  is  an  inmate serving a sentence with the department of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION  or  a  prisoner

S. 2812--C                         151                        A. 4012--C

confined at a local correctional facility or federal correctional insti-
tute,  and  includes  funds  that a superintendent, sheriff or municipal
official receives on behalf of an inmate or prisoner and deposits in  an
inmate  account  to  the  credit  of  the inmate pursuant to section one
hundred sixteen of the correction law or deposits in a prisoner  account
to  the credit of the prisoner pursuant to section five hundred-c of the
correction law; or
  (ii) is not an inmate or prisoner but who is  serving  a  sentence  of
probation or conditional discharge or is presently subject to an undisc-
harged  indeterminate,  determinate  or definite term of imprisonment or
period of post-release supervision or term of  supervised  release,  but
shall  include earned income earned during a period in which such person
was not in compliance with the  conditions  of  his  or  her  probation,
parole,  conditional  release, period of post-release supervision by the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
or term of supervised release with the United States probation office or
United States parole commission. For purposes of this subparagraph, such
period of non-compliance shall be  measured,  as  applicable,  from  the
earliest  date  of  delinquency  determined by the [board or division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or from the
earliest date on which a declaration of delinquency is filed pursuant to
section 410.30 of the criminal procedure law and  thereafter  sustained,
or  from  the earliest date of delinquency determined in accordance with
applicable federal law, rules or regulations, and shall continue until a
final determination sustaining the violation has been made by the  trial
court,  [board  or division of parole] THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, or appropriate federal authority; or
  (iii) is no longer subject to a sentence of probation  or  conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od  terminated  or expired or such person was granted a discharge by [a]
THE STATE board of parole OR THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION pursuant to applicable law, or granted a discharge or termi-
nation from probation pursuant to applicable law or granted a  discharge
or  termination  under  applicable  federal or state law, rules or regu-
lations prior to the expiration of such full or maximum term or  period;
and  includes  only:  (A) those funds paid to such person as a result of
any interest, right, right of action, asset, share, claim,  recovery  or
benefit  of  any kind that the person obtained, or that accrued in favor
of such person, prior to the expiration of such sentence, term or  peri-
od; (B) any recovery or award collected in a lawsuit after expiration of
such  sentence  where  the right or cause of action accrued prior to the
expiration or service of such sentence; and  (C)  earned  income  earned
during  a  period  in  which  such person was not in compliance with the
conditions of his or her probation, parole, conditional release,  period
of  post-release  supervision  by the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION or term of supervised release with
the United States probation office or United States  parole  commission.
For  purposes  of this subparagraph, such period of non-compliance shall
be measured, as applicable, from the earliest date of delinquency deter-
mined by the [board or division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, or from the earliest date on which a  declaration
of  delinquency  is  filed  pursuant  to  section 410.30 of the criminal
procedure law and thereafter sustained, or from  the  earliest  date  of
delinquency  determined in accordance with applicable federal law, rules

S. 2812--C                         152                        A. 4012--C

or regulations, and shall continue until a final determination  sustain-
ing  the  violation has been made by the trial court, [board or division
of parole] THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,  or
appropriate federal authority.
  S  101.  Paragraph (b) of subdivision 2 of section 632-a of the execu-
tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
of 2010, is amended to read as follows:
  (b) Notwithstanding subparagraph (ii) of paragraph (a) of this  subdi-
vision,  whenever  the  payment or obligation to pay involves funds of a
convicted person that a superintendent, sheriff  or  municipal  official
receives  or will receive on behalf of an inmate serving a sentence with
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  prisoner  confined at a local correctional facility and
deposits or will deposit in an inmate  account  to  the  credit  of  the
inmate  or  in a prisoner account to the credit of the prisoner, and the
value, combined value or aggregate value of such funds exceeds  or  will
exceed  ten  thousand  dollars, the superintendent, sheriff or municipal
official shall also give written notice to the office.
  S 102. Subdivision 9 of section 835 of the executive law,  as  amended
by section 39 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  9.  "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation  departments,
sheriffs'  offices, district attorneys' offices, the state department of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
department  of  correction  of  any  municipality,  the insurance frauds
bureau of the state department of insurance, the office of  professional
medical  conduct  of  the state department of health for the purposes of
section two hundred thirty of the public health law, the  child  protec-
tive  services  unit of a local social services district when conducting
an investigation pursuant to subdivision six  of  section  four  hundred
twenty-four of the social services law, the office of Medicaid inspector
general,  the  temporary state commission of investigation, the criminal
investigations bureau of  the  banking  department,  police  forces  and
departments  having responsibility for enforcement of the general crimi-
nal laws of the state  and  the  Onondaga  County  Center  for  Forensic
Sciences  Laboratory when acting within the scope of its law enforcement
duties.
  S 103. Paragraph (h) of subdivision 1 of section 840 of the  executive
law,  as  amended by chapter 843 of the laws of 1980, is amended to read
as follows:
  (h) Exemptions from particular provisions of this article in the  case
of  any  city having a population of one million or more, or in the case
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION if in its opinion the standards of police officer
or peace officer training established and maintained  by  such  city  or
department  are  higher than those established pursuant to this article;
or revocation in whole or in part of such exemption, if in  its  opinion
the  standards  of  police officer or peace officer training established
and maintained by such city or department are lower  than  those  estab-
lished pursuant to this article.
  S 104. Subdivision 4 of section 995-c of the executive law, as amended
by section 65 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  4.  The  commissioner of the division of criminal justice services, in
consultation with the commission, the commissioner of health, [the divi-

S. 2812--C                         153                        A. 4012--C

sion of parole,] the director of the office of probation and correction-
al  alternatives  and  the   department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION, shall promulgate rules and regu-
lations  governing  the procedures for notifying designated offenders of
the requirements of this section.
  S 105. The article heading of article 12-B of the  executive  law,  as
added by chapter 904 of the laws of 1977, is amended to read as follows:
                    STATE [DIVISION] BOARD OF PAROLE
  S  106.  Section  31 of the executive law, as amended by section 11 of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 31. Divisions. There  shall  be  in  the  executive  department  the
following divisions:
  1. The division of the budget.
  2. The division of military and naval affairs.
  3. The office of general services.
  4. The division of state police.
  5. [The division of parole.
  6.] The division of housing.
  [7] 6. The division of alcoholic beverage control.
  [8] 7. The division of human rights.
  [9] 8. The division of veterans' affairs.
  [10] 9. The division of homeland security and emergency services.
  [11] 10. Office for technology.
  The  governor  may establish, consolidate, or abolish additional divi-
sions and bureaus.
  S 107. Subdivision 1 of section 643 of the executive law, as separate-
ly amended by section 38 of part A and section 1 of part A-1 of  chapter
56 of the laws of 2010, is amended to read as follows:
  1.  As  used  in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals  directly
with  crime  victims,  including  (a)  the office of children and family
services, the office for the aging, the division  of  veterans  affairs,
THE  OFFICE OF PROBATION and correctional alternatives, the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE  office
of  victim  services,  the  department  of motor vehicles, the office of
vocational rehabilitation, the workers' compensation board, the  depart-
ment of health, the division of criminal justice services, the office of
mental  health, every transportation authority and the division of state
police, and (b) any other agency so designated by  the  governor  within
ninety days of the effective date of this section.
  S  108.  Subdivision 8 of section 837-a of the executive law, as added
by section 1 of part L of chapter 56 of the laws of 2006, is amended  to
read as follows:
  8. Present to the governor, temporary president of the senate, minori-
ty leader of the senate, speaker of the assembly and the minority leader
of the assembly an annual report about the function and effectiveness of
the  Operation  IMPACT  program.  Such  report shall include, but not be
limited to, crime data obtained, analyzed and  used  by  each  Operation
IMPACT partnership in participating counties and affected municipalities
including  the  number  of  arrests  made by law enforcement as a direct
result of the Operation IMPACT program  including  any  available  demo-
graphic  information  about  the persons arrested and prosecuted and the
disposition of such matters, and any other information  related  to  the
program's  effectiveness  in  reducing  crime.  Such  report  shall also
include information about crime reduction strategies developed by Opera-
tion IMPACT partnerships, the number of state police  and  [division  of

S. 2812--C                         154                        A. 4012--C

parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION personnel
participating in Operation  IMPACT  activities,  and  a  description  of
training  supplied  to local Operation IMPACT participants.  The initial
report  required  by this paragraph shall be presented by December thir-
ty-first, two thousand  six.  Thereafter,  an  annual  report  shall  be
presented no later than December thirty-first of each year.
  S 108-a. The sixth undesignated paragraph of section 2 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation  act,  as  amended  by  chapter  240 of the laws of 1974, is
amended to read as follows:
  It is hereby found and declared that  the  acquisition,  construction,
reconstruction,  rehabilitation  and  improvement  of facilities for the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  are  public purposes which are essential to enable comprehensive
modernization  of  the  state's  programs  of  [correctional   services]
CORRECTIONS.    To  assure  that  such  purposes  are carried out, it is
further found and declared that the facilities  development  corporation
should be empowered in [coorperation] COOPERATION with the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION to provide
for  the  acquisition,  construction, reconstruction, rehabilitation and
improvement of facilities for the department of [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 109. Subdivision 3-b of section 3 of section 1 of chapter 359 of the
laws  of  1968, constituting the facilities development corporation act,
as added by chapter 337 of the laws of  1972,  is  amended  to  read  as
follows:
  3-b.   "Facility   for   the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION" means real property, a  building,
a  unit  within  a  building, or any structure on or improvement to real
property of any kind or description essential, necessary  or  useful  in
the program of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, including all usual attendant and related facili-
ties,  fixtures,  equipment, and connections for utility services or any
combinations thereof, designed,  acquired,  constructed,  reconstructed,
rehabilitated  and improved, or otherwise provided for the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 110. Subdivision 10 of section 5 of section 1 of chapter 359 of  the
laws  of  1968, constituting the facilities development corporation act,
as amended by chapter 337 of the laws of 1972, is  amended  to  read  as
follows:
  10.  To  design,  construct,  acquire,  reconstruct,  rehabilitate and
improve health facilities, facilities for the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION  and  mental  hygiene
facilities,  or  cause  such  facilities  to  be  designed, constructed,
acquired, reconstructed, rehabilitated and improved, in accordance  with
the provisions of this act.
  S  111.  Subdivision 7 of section 6 of section 1 of chapter 359 of the
laws of 1968, constituting the facilities development  corporation  act,
as  added  by  chapter  337  of  the laws of 1972, is amended to read as
follows:
  7. To provide facilities for the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 112. Section 7-a of section 1 of chapter 359 of the  laws  of  1968,
constituting  the  facilities development corporation act, as amended by
chapter 240 of the laws of 1974, is amended to read as follows:

S. 2812--C                         155                        A. 4012--C

  S  7-a.  Relationship  with  the  state  department  of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION.  The corporation, upon
the issuance by the director of the budget of a certificate of  approval
segregating  funds  to  pay  for their corporate services, shall design,
construct,  reconstruct, rehabilitate, improve, and equip facilities for
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  cause  facilities  to  be designed, constructed, recon-
structed, rehabilitated, improved, and equipped. The  corporation  shall
also assist and cooperate with and shall make its personnel and services
fully   available   to   the  commissioner  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION in  matters  relating
to their responsibilities for site selection, acquisition of and capital
planning  relating  to  facilities  for  the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.  During the  course  of
construction,  acquisition,  reconstruction, rehabilitation and improve-
ment of such facilities, the corporation shall consult with the  commis-
sioner  of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION
and  the  personnel  of  the  department  of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION as the work progresses in matters
relating to space requirements, site plans,  architectural  concept  and
substantial  changes  in  the  plans  and specifications therefor and in
matters relating to the original furnishings, equipment, machinery,  and
apparatus   needed  to  furnish  and  equip  such  facilities  upon  the
completion of the work.  The  commissioner  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION shall assist and
cooperate with the corporation in such matters.
  S 113. Subdivision (b) of section 213  of  the  family  court  act  is
amended to read as follows:
  (b) Rules of court shall as soon as practicable implement this section
by  prescribing appropriate forms for reports and may require such addi-
tional information as may be appropriate. The  administrative  board  of
the judicial conference may request the state department of [correction]
CORRECTIONS AND COMMUNITY SUPERVISION and the state department of social
welfare  to assist it in the preparation and processing of reports under
this section, and those departments, when  so  requested,  shall  render
such assistance as is possible.
  S  114.  The sixth undesignated paragraph of section 842 of the family
court act, as added by section 8 of part D of chapter 56 of the laws  of
2008, is amended to read as follows:
  In  any  proceeding in which an order of protection or temporary order
of protection or a warrant has been issued under this section, the clerk
of the court shall issue to the petitioner and respondent and his  coun-
sel and to any other person affected by the order a copy of the order of
protection  or  temporary  order of protection and ensure that a copy of
the order of protection or temporary order of protection be  transmitted
to  the  local  correctional facility where the individual is or will be
detained, the state or local correctional facility where the  individual
is  or  will  be imprisoned, and the supervising probation department or
[division of parole] THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
VISION where the individual is under probation or parole supervision.
  S  115. The second undesignated paragraph of section 69 of the general
business law, as amended by section 1 of part A of  chapter  62  of  the
laws of 2003, is amended to read as follows:

S. 2812--C                         156                        A. 4012--C

  Nothing in this section shall be construed to forbid the sale of parts
and  components  produced  by  inmate  labor  in  correctional  industry
programs of the government of the United States  or  any  state  of  the
United  States,  or any political subdivision thereof, to the department
of  [correctional  services']  CORRECTIONS  AND  COMMUNITY SUPERVISION'S
division of correctional industries for use in its  manufacturing  oper-
ations.
  S  116. Section 70 of the general municipal law, as amended by section
40 of part A-1 of chapter 56 of the laws of 2010, is amended to read  as
follows:
  S 70. Payment of judgments against municipal corporation. When a final
judgment  for  a  sum  of  money  shall be recovered against a municipal
corporation, and the execution thereof shall not be stayed  pursuant  to
law,  or  the  time  for  such stay shall have expired, the treasurer or
other financial officer of such corporation having sufficient moneys  in
his hands belonging to the corporation not otherwise specifically appro-
priated, shall pay such judgment upon the production of a certified copy
of  the  docket thereof. Notwithstanding the provisions of any other law
to the contrary, in any case where payment for any reason is to be  made
to  an  inmate serving a sentence of imprisonment with the state depart-
ment of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or
to a prisoner confined at a local correctional facility,  the  treasurer
or other financial officer shall give written notice, if required pursu-
ant to subdivision two of section six hundred thirty-two-a of the execu-
tive  law,  to  the office of victim services that such payment shall be
made thirty days after the date of such notice.
  S 117. Subdivision 1 of section 168 of the labor law,  as  amended  by
chapter 90 of the laws of 1947, is amended to read as follows:
  1.  This  section  shall apply to all persons employed by the state in
the ward, cottage, colony, kitchen and dining room,  and  guard  service
personnel in any hospital, school, prison, reformatory or other institu-
tion  within  or  subject  to  the jurisdiction, supervision, control or
visitation of the department of [correction] CORRECTIONS  AND  COMMUNITY
SUPERVISION, the department of health, the department of mental hygiene,
the department of social welfare or the division of veterans' affairs in
the  executive department, and engaged in the performance of such duties
as nursing, guarding or attending the inmates, patients, wards or  other
persons kept or housed in such institutions, or in protecting and guard-
ing  the  buildings  and/or  grounds thereof, or in preparing or serving
food therein.
  S 118. Subdivision 13 of section 83-m of the legislative law, as added
by section 2 of part XX of chapter 57 of the laws of 2010, is amended to
read as follows:
  13. (a) The task force shall specify the form in which the  department
of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION shall
provide such information required to  be  reported  to  the  task  force
pursuant  to  subdivision eight of section seventy-one of the correction
law.
  (b) Upon receipt of such  information  for  each  incarcerated  person
subject to the jurisdiction of the department of [correctional services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION, the task force shall determine
the census block corresponding  to  the  street  address  of  each  such
person's  residential  address  prior to incarceration (if any), and the
census block corresponding to the street  address  of  the  correctional
facility  in  which  such person was held subject to the jurisdiction of
such department. Until such time as the  United  States  bureau  of  the

S. 2812--C                         157                        A. 4012--C

census  shall  implement  a  policy  of reporting each such incarcerated
person at such person's residential address prior to incarceration,  the
task force shall use such data to develop a database in which all incar-
cerated  persons  shall  be, where possible, allocated for redistricting
purposes, such that each geographic  unit  reflects  incarcerated  popu-
lations at their respective residential addresses prior to incarceration
rather  than  at  the addresses of such correctional facilities. For all
incarcerated persons whose residential address  prior  to  incarceration
was  outside  of  the  state, or for whom the task force cannot identify
their prior residential address, and  for  all  persons  confined  in  a
federal  correctional  facility  on  census  day,  the  task force shall
consider those persons to have been counted at an  address  unknown  and
persons  at  such unknown address shall not be included in such data set
created pursuant to this paragraph. The task  force  shall  develop  and
maintain  such  amended  population data set and shall make such amended
data set available to local governments, as defined in subdivision eight
of section two of the municipal home rule law, and for  the  drawing  of
assembly  and  senate districts. The assembly and senate districts shall
be drawn using such amended population data set.
  (c) Notwithstanding  any  other  provision  of  law,  the  information
required  to be provided pursuant to subdivision eight of section seven-
ty-one of the correction law shall be treated as confidential and  shall
not  be disclosed by the task force except as aggregated by census block
for purpose specified in this subdivision.
  S 118-a. Subdivisions (a) and (m)  of  section  10.03  of  the  mental
hygiene  law,  subdivision  (a) as amended by chapter 168 of the laws of
2010 and subdivision (m) as added by chapter 7 of the laws of 2007,  are
amended to read as follows:
  (a) "Agency with jurisdiction" as to a person means that agency which,
during  the  period  in  question,  would  be the agency responsible for
supervising or releasing such person, and can include the department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
office of mental health, AND the office for  people  with  developmental
disabilities[, and the division of parole].
  (m)  "Release"  and  "released"  means release, conditional release or
discharge from confinement, from COMMUNITY supervision by the  [division
of  parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or from
an order of observation, commitment, recommitment or retention.
  S 118-b. Subdivisions (a) and (b)  of  section  10.05  of  the  mental
hygiene  law,  subdivision  (a) as amended by chapter 168 of the laws of
2010 and subdivision (b) as added by chapter 7 of the laws of 2007,  are
amended to read as follows:
  (a)  The  commissioner  of  mental  health,  in  consultation with the
commissioner of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION and the commissioner of developmental disabil-
ities,  shall  establish  a  case  review  panel  consisting of at least
fifteen members, any three of whom may sit as a team to review a partic-
ular case. At least two members of each team shall be  professionals  in
the  field  of mental health or the field of developmental disabilities,
as appropriate,  with  experience  in  the  treatment,  diagnosis,  risk
assessment  or  management  of sex offenders. To the extent practicable,
the workload of the case review panel should be evenly distributed among
its members. Members of the case review panel and psychiatric  examiners
should  be  free  to  exercise independent professional judgment without
pressure or retaliation for the  exercise  of  that  judgment  from  any
source.

S. 2812--C                         158                        A. 4012--C

  (b)  When  it  appears to an agency with jurisdiction[, other than the
division of parole,] that a person who may be a detained sex offender is
nearing an anticipated release FROM CONFINEMENT, the agency  shall  give
notice  of  that fact to the attorney general and to the commissioner of
mental  health.   [When the division of parole is the agency with juris-
diction, it may give such notice.] WHEN IT APPEARS TO THE DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  THAT  A  PERSON  WHO  MAY BE A
DETAINED SEX OFFENDER IS NEARING AN ANTICIPATED RELEASE  FROM  COMMUNITY
SUPERVISION,  THE AGENCY MAY GIVE SUCH NOTICE. The agency with jurisdic-
tion shall seek to give such notice at least  one  hundred  twenty  days
prior  to  the  person's anticipated release, but failure to give notice
within such time period shall not affect the validity of such notice  or
any  subsequent  action,  including  the  filing of a sex offender civil
management petition.
  S 118-c. Subdivision (k) of section 10.06 of the mental  hygiene  law,
as  amended by section 1 of part H of chapter 58 of the laws of 2009, is
amended to read as follows:
  (k) At the conclusion of the hearing, the court shall determine wheth-
er there is probable cause to believe  that  the  respondent  is  a  sex
offender requiring civil management. If the court determines that proba-
ble  cause  has  not  been  established,  the court shall issue an order
dismissing the petition,  and  the  respondent's  release  shall  be  in
accordance  with other applicable provisions of law. If the court deter-
mines that probable cause has been  established:  (i)  the  court  shall
order  that  the  respondent be committed to a secure treatment facility
designated by the commissioner for care, treatment and control upon  his
or her release, provided, however, that a respondent who otherwise would
be required to be transferred to a secure treatment facility may, upon a
written consent signed by the respondent and his or her counsel, consent
to  remain  in  the custody of the department of [correctional services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  pending  the  outcome  of  the
proceedings  under this article, and that such consent may be revoked in
writing at any time; (ii) the court  shall  set  a  date  for  trial  in
accordance  with  subdivision  (a) of section 10.07 of this article; and
(iii) the respondent shall not be released  pending  the  completion  of
such trial.
  S  118-d.  Subdivisions  (c)  and  (d)  of section 10.10 of the mental
hygiene law, as added by chapter 7 of the laws of 2007, are  amended  to
read as follows:
  (c)  The  commissioner,  or  the  commissioner  of  the  department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, or  other
government  entity  responsible for the care and custody of respondents,
shall be authorized to employ appropriate safety and security  measures,
as  he or she deems necessary to ensure the safety of the public, during
court proceedings and in the transport of persons committed or  undergo-
ing  any proceedings under this article. Such commissioner shall provide
training in the use of safe and appropriate  security  interventions  to
employees responsible for transporting persons under this article.
  (d)  The  commissioner  shall have the discretion to enter into agree-
ments with the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY SUPERVISION for the provision of security services relating to
this article.
  S 118-e.  Paragraphs 1 and 2 of subdivision (a), paragraph 1 of subdi-
vision (b), subdivision (c), paragraph 1 of subdivision (d) and subdivi-
sion (f) of section 10.11 of the mental hygiene law, as added by chapter
7 of the laws of 2007, are amended to read as follows:

S. 2812--C                         159                        A. 4012--C

  (1) Before ordering the release of a person to a regimen of strict and
intensive  supervision and treatment pursuant to this article, the court
shall order that the [division of parole] DEPARTMENT OF CORRECTIONS  AND
COMMUNITY  SUPERVISION  recommend supervision requirements to the court.
These supervision requirements, which shall be developed in consultation
with the commissioner, may include but need not be limited to, electron-
ic  monitoring or global positioning satellite tracking for an appropri-
ate period of time, polygraph monitoring, specification of residence  or
type or residence, prohibition of contact with identified past or poten-
tial  victims, strict and intensive supervision by a parole officer, and
any other lawful and necessary conditions  that  may  be  imposed  by  a
court.  In  addition, after consultation with the psychiatrist, psychol-
ogist or other  professional  primarily  treating  the  respondent,  the
commissioner  shall  recommend a specific course of treatment. A copy of
the recommended requirements for  supervision  and  treatment  shall  be
given  to the attorney general and the respondent and his or her counsel
a reasonable time before the court issues its written order pursuant  to
this section.
  (2)  Before  issuing  its  written  order,  the court shall afford the
parties an opportunity to be heard, and shall  consider  any  additional
submissions  by  the  respondent and the attorney general concerning the
proposed conditions of the regimen of strict and  intensive  supervision
and  treatment. The court shall issue an order specifying the conditions
of the regimen of strict and intensive supervision and treatment,  which
shall  include  specified supervision requirements and compliance with a
specified course of treatment. A written statement of the conditions  of
the  regimen  of strict and intensive supervision and treatment shall be
given to the respondent and  to  his  or  her  counsel,  any  designated
service  providers  or  treating  professionals,  the  commissioner, the
attorney general and the supervising parole  officer.  The  court  shall
require the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION  to  take  appropriate  actions to implement the supervision
plan and assure compliance with the conditions of the regimen of  strict
and  intensive supervision and treatment. A regimen of strict and inten-
sive supervision does not toll the running of any form of supervision in
criminal cases, including but not limited  to  post-release  supervision
and parole.
  (1) Persons ordered into a regimen of strict and intensive supervision
and  treatment pursuant to this article shall be subject to a minimum of
six face-to-face supervision contacts and six  collateral  contacts  per
month.  Such  minimum  contact requirements shall continue unless subse-
quently modified by the court or the [division of parole] DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  (c)  An  order  for  a regimen of strict and intensive supervision and
treatment places the person in the custody and  control  of  the  [state
division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
A  person  ordered  to  undergo a regimen of strict and intensive super-
vision and treatment pursuant to  this  article  is  subject  to  lawful
conditions  set  by the court and the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  (1) A person's regimen of strict and intensive supervision and  treat-
ment  may be revoked if such a person violates a condition of strict and
intensive supervision. If a  parole  officer  has  reasonable  cause  to
believe  that  the  person  has  violated  a condition of the regimen of
strict and intensive supervision and treatment or, if there is  an  oral
or  written  evaluation  or report by a treating professional indicating

S. 2812--C                         160                        A. 4012--C

that the person may be a dangerous sex offender requiring confinement, a
parole officer authorized in the same manner as provided in subparagraph
(i) of paragraph (a) of subdivision three of section two hundred  fifty-
nine-i  of the executive law may take the person into custody and trans-
port the person for lodging in a secure treatment facility  or  a  local
correctional facility for an evaluation by a psychiatric examiner, which
evaluation  shall  be  conducted  within five days. A parole officer may
take the person, under custody, to a psychiatric center for prompt eval-
uation, and at the end of the examination,  return  the  person  to  the
place of lodging. A parole officer, as authorized by this paragraph, may
direct a peace officer, acting pursuant to his or her special duties, or
a  police  officer who is a member of an authorized police department or
force or of a sheriff's department, to take the person into custody  and
transport the person as provided in this paragraph. It shall be the duty
of  such peace officer or police officer to take into custody and trans-
port any such person upon receiving such  direction.  The  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
promptly notify the  attorney  general  and  the  mental  hygiene  legal
service, when a person is taken into custody pursuant to this paragraph.
No  provision  of  this  section  shall preclude the [division] BOARD of
parole from proceeding with a revocation hearing as authorized by subdi-
vision three of section two hundred fifty-nine-i of the executive law.
  (f) The court may modify or terminate the conditions of the regimen of
strict and intensive supervision and treatment on the  petition  of  the
supervising  parole  officer,  the commissioner or the attorney general.
Such petition shall be served on the  respondent  and  the  respondent's
counsel.  A  person  subject to a regimen of strict and intensive super-
vision and treatment pursuant to this article  may  petition  every  two
years  for  modification  or  termination, commencing no sooner than two
years after the regimen of strict and intensive supervision  and  treat-
ment  commenced,  with service of such petition on the attorney general,
the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
VISION,  and  the commissioner. Upon receipt of a petition for modifica-
tion or termination pursuant to this section, the court may require  the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
and the commissioner to provide a report concerning the person's conduct
while  subject  to  a  regimen  of  strict and intensive supervision and
treatment. If more than one petition is  filed,  the  petitions  may  be
considered in a single hearing.
  S  118-f.  Subdivision (h) of section 19.07 of the mental hygiene law,
as added by section 16 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  (h) The office of alcoholism and substance abuse services shall  moni-
tor  programs  providing  care  and treatment to inmates in correctional
facilities  operated  by  the  department  of  [correctional   services]
CORRECTIONS  AND  COMMUNITY SUPERVISION who have a history of alcohol or
substance abuse or dependence. The office shall also develop  guidelines
for  the  operation of alcohol and substance abuse treatment programs in
such correctional facilities in  order  to  ensure  that  such  programs
sufficiently  meet  the  needs  of  inmates with a history of alcohol or
substance abuse or dependence and promote the successful  transition  to
treatment  in the community upon release. No later than the first day of
December of each year, the office shall submit a  report  regarding  the
adequacy  and  effectiveness  of  alcohol  and substance abuse treatment
programs  operated  by  the  department   of   [correctional   services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  to the governor, the temporary

S. 2812--C                         161                        A. 4012--C

president of the senate, the speaker of the assembly,  the  chairman  of
the  senate  committee  on  crime victims, crime and correction, and the
chairman of the assembly committee on correction.
  S 118-g. Paragraphs 2 and 3 of subdivision (a) of section 19.09 of the
mental  hygiene  law,  paragraph 2 as amended by section 45 of part A of
chapter 56 of the laws of 2010 and paragraph 3 as amended by chapter 601
of the laws of 2007, are amended to read as follows:
  (2) Upon the request of a state agency, including but not  limited  to
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, the office of probation and correctional alternatives,  AND
the  office  of children and family services, [and the board of parole,]
the commissioner shall have the power to provide  alcoholism,  substance
abuse,  and  chemical  dependence  services  either  directly or through
agreements with local certified or approved providers to persons in  the
custody  or  under  the  jurisdiction  of  the  requesting agency within
amounts available and within priorities established through the planning
process.
  (3)  The  commissioner  may  coordinate  alcoholism,  alcohol   abuse,
substance  abuse,  substance  dependence and chemical dependence related
activities in all departments of  the  state  by  convening  at  regular
intervals a coordinating committee of representatives of the departments
of   health,   [correctional   services]   CORRECTIONS   AND   COMMUNITY
SUPERVISION, labor, economic development, education, and motor vehicles,
and the office of temporary and  disability  assistance  and  any  other
department or agency having an interest therein.
  S  118-h.  Subdivisions (e), (f), (g), (i) and (j) of section 29.27 of
the mental hygiene law, as added by chapter 766 of the laws of 1976, are
amended to read as follows:
  (e) When the director of the facility in which the  inmate-patient  is
in custody finds that the inmate-patient is no longer mentally ill or no
longer  requires  hospitalization  for  care  and treatment, he shall so
notify the inmate-patient and commissioner  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION or, in the case of an inmate-pa-
tient coming from a jail or correctional institution operated  by  local
government,  the  officer in charge of the jail or correctional institu-
tion from which the inmate-patient was committed.  The  commissioner  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION or such
officer, as the case may be, shall  immediately  arrange  to  take  such
inmate-patient into custody and return him to a correctional facility or
to the jail or correctional institution operated by local government.
  (f)  Upon  delivery of the inmate-patient to the representative of the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or of an officer in charge of a jail or correctional  institution
operated  by  local government, the responsibility of the department and
its facilities for the custody of the  inmate-patient  shall  terminate.
Where  the  inmate  is  returned  to  a state correctional facility, the
department shall continue to be  responsible  for  the  inmate-patient's
psychiatric  care  if the inmate-patient upon his return is in a program
established pursuant to section four hundred one of the correction law.
  (g) If an inmate-patient in the custody of the department escapes from
custody, immediate notice shall be given to the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION or, in  the  case
of  an  inmate-patient  coming  from  a jail or correctional institution
operated by local government, to the officer in charge of such  jail  or
correctional  institution. Notice shall also be given to appropriate law
enforcement authorities.

S. 2812--C                         162                        A. 4012--C

  (i) Upon release of an inmate-patient from a  facility,  the  director
shall  forward  a  copy  of  all  health  and psychiatric records to the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or to the officer in charge of a jail or correctional institution
operated by local government, as the case may be.
  (j) If the sentence for which an inmate-patient is confined expires or
is  vacated or modified by court order, the director shall so notify the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or such officer in charge of a jail or  correctional  institution
operated by local government, as appropriate.
  S  118-i.  Paragraph  10  of  subdivision  (c) of section 33.13 of the
mental hygiene law, as amended by chapter 168 of the laws  of  2010,  is
amended to read as follows:
  10.  to a correctional facility, when the chief administrative officer
has requested such information with respect to a named  inmate  of  such
correctional  facility  as defined by subdivision three of section forty
of the correction law or to  the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION, when the [division] DEPARTMENT
has requested such information with respect to a person under its juris-
diction or an inmate of a state correctional facility, when such  inmate
is  within four weeks of release from such institution to [the jurisdic-
tion of the  division  of  parole]  COMMUNITY  SUPERVISION.  Information
released  pursuant  to this paragraph may be limited to a summary of the
record, including but not limited to: the  basis  for  referral  to  the
facility;  the  diagnosis  upon admission and discharge; a diagnosis and
description of the patient's or client's current mental  condition;  the
current  course  of treatment, medication and therapies; and the facili-
ty's recommendation for future mental hygiene  services,  if  any.  Such
information   may  be  forwarded  to  the  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION staff in  need  of  such
information  for  the  purpose  of  making  a determination regarding an
inmate's health care, security, safety  or  ability  to  participate  in
programs. In the event an inmate is transferred, the sending correction-
al  facility  shall  forward,  upon request, such summaries to the chief
administrative officer of any correctional facility to which the  inmate
is subsequently incarcerated. The office of mental health and the office
for  people  with  developmental  disabilities, in consultation with the
commission of correction and the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND COMMUNITY SUPERVISION, shall promulgate rules and regu-
lations to implement the provisions of this paragraph.
  S 118-j. Subdivision (z) of section 45.07 of the mental  hygiene  law,
as  added  by  chapter  1  of  the  laws  of 2008, is amended to read as
follows:
  (z) Monitor and make recommendations regarding  the  quality  of  care
provided to inmates with serious mental illness, including those who are
in  a residential mental health treatment unit or segregated confinement
in facilities operated by  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION, and oversee compliance with para-
graphs (d) and (e) of subdivision six of section one hundred thirty-sev-
en,  and section four hundred one, of the correction law. Such responsi-
bilities shall be carried out in accordance with  section  four  hundred
one-a of the correction law.
  S 119. Clause (c.)  of subparagraph 13 of paragraph (a) of subdivision
1  of section 10 of the municipal home rule law, as amended by section 3
of part XX of chapter 57 of the laws of 2010,  is  amended  to  read  as
follows:

S. 2812--C                         163                        A. 4012--C

  (c.)  As  used  in  this subparagraph the term "population" shall mean
residents, citizens, or registered voters. For such purposes, no  person
shall  be deemed to have gained or lost a residence, or to have become a
resident of a local government,  as  defined  in  subdivision  eight  of
section two of this chapter, by reason of being subject to the jurisdic-
tion of the department of [correctional services] CORRECTIONS AND COMMU-
NITY  SUPERVISION  and present in a state correctional facility pursuant
to such jurisdiction. A population base for such a plan of apportionment
shall utilize the latest  statistical  information  obtainable  from  an
official  enumeration done at the same time for all the residents, citi-
zens, or registered voters of the local  government.  Such  a  plan  may
allocate,  by  extrapolation  or  any other rational method, such latest
statistical information  to  representation  areas  or  units  of  local
government,  provided  that any plan containing such an allocation shall
have annexed thereto as an appendix, a detailed explanation of the allo-
cation.
  S 120. Subdivisions 6 and 7 of section 60.04 of the penal law,  subdi-
vision  6  as added by chapter 738 of the laws of 2004 and subdivision 7
as added by section 18 of part AAA of chapter 56 of the  laws  of  2009,
are amended to read as follows:
  6.  Substance  abuse  treatment.  When the court imposes a sentence of
imprisonment which requires a commitment  to  the  state  department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION upon a
person who stands convicted  of  a  controlled  substance  or  marihuana
offense,  the court may, upon motion of the defendant in its discretion,
issue an order directing that the department of [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  enroll  the  defendant  in the
comprehensive alcohol and substance abuse treatment program in an  alco-
hol  and  substance  abuse  correctional annex as defined in subdivision
eighteen of section two of the correction law, provided that the defend-
ant will satisfy the statutory eligibility criteria for participation in
such program. Notwithstanding the foregoing provisions of this  subdivi-
sion,  any  defendant  to  be  enrolled in such program pursuant to this
subdivision shall be governed by the same rules and regulations  promul-
gated  by  the  department  of  [correctional  services] CORRECTIONS AND
COMMUNITY SUPERVISION, including  without  limitation  those  rules  and
regulations establishing requirements for completion and those rules and
regulations  governing  discipline and removal from the program. No such
period of court ordered corrections based drug abuse treatment  pursuant
to  this  subdivision shall be required to extend beyond the defendant's
conditional release date.
  7. a. Shock incarceration participation.  When  the  court  imposes  a
sentence  of  imprisonment which requires a commitment to the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION upon  a
person  who  stands  convicted  of  a  controlled substance or marihuana
offense, upon motion of the defendant, the  court  may  issue  an  order
directing that the department of [correctional services] CORRECTIONS AND
COMMUNITY  SUPERVISION  enroll  the defendant in the shock incarceration
program as defined  in  article  twenty-six-A  of  the  correction  law,
provided  that  the  defendant  is  an  eligible inmate, as described in
subdivision one of section eight hundred sixty-five  of  the  correction
law.  Notwithstanding  the foregoing provisions of this subdivision, any
defendant to be enrolled in such program pursuant  to  this  subdivision
shall  be  governed by the same rules and regulations promulgated by the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  including without limitation those rules and regulations estab-

S. 2812--C                         164                        A. 4012--C

lishing requirements for  completion  and  such  rules  and  regulations
governing discipline and removal from the program.
  b.  (i)  In  the  event  that  an inmate designated by court order for
enrollment in the shock  incarceration  program  requires  a  degree  of
medical  care  or  mental health care that cannot be provided at a shock
incarceration facility, the department, in  writing,  shall  notify  the
inmate,  provide  a proposal describing a proposed alternative-to-shock-
incarceration program, and notify him or her that he or she  may  object
in  writing  to  placement  in  such  alternative-to-shock-incarceration
program. If the inmate objects in writing to placement in such  alterna-
tive-to-shock-incarceration  program,  the  department  of [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall  notify   the
sentencing  court,  provide  such proposal to the court, and arrange for
the inmate's prompt appearance before the court. The court shall provide
the proposal and notice of a court appearance to the people, the  inmate
and the appropriate defense attorney. After considering the proposal and
any  submissions  by the parties, and after a reasonable opportunity for
the people, the inmate and counsel to be heard, the court may modify its
sentencing order accordingly, notwithstanding the provisions of  section
430.10 of the criminal procedure law.
  (ii)  An  inmate  who  successfully completes an alternative-to-shock-
incarceration program within the department of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall  be  treated in the same
manner as a person who has successfully completed the  shock  incarcera-
tion  program, as set forth in subdivision four of section eight hundred
sixty-seven of the correction law.
  S 121. Subdivision 8 of section 60.35 of the penal law, as amended  by
section  1  of  part  E of chapter 56 of the laws of 2004, is amended to
read as follows:
  8. Subdivision one of section 130.10 of  the  criminal  procedure  law
notwithstanding,  at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime  victim  assistance  fee  or
supplemental  sex offender victim fee is imposed a town or village court
may, and all other courts shall, issue and cause to be served  upon  the
person  required  to pay the mandatory surcharge, sex offender registra-
tion fee or DNA databank fee, crime victim  assistance  fee  or  supple-
mental  sex  offender  victim  fee, a summons directing that such person
appear  before  the  court  regarding  the  payment  of  the   mandatory
surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
victim assistance fee or supplemental sex offender victim fee, if  after
sixty  days  from  the date it was imposed it remains unpaid. The desig-
nated date of appearance on the summons shall be set for the  first  day
court  is  in session falling after the sixtieth day from the imposition
of the mandatory surcharge, sex offender registration fee or  DNA  data-
bank  fee,  crime  victim  assistance  fee  or supplemental sex offender
victim fee. The summons shall contain the information required by subdi-
vision two of section 130.10 of the criminal procedure law  except  that
in substitution for the requirement of paragraph (c) of such subdivision
the  summons  shall  state that the person served must appear at a date,
time and specific location specified in the summons if after sixty  days
from  the  date of issuance the mandatory surcharge, sex offender regis-
tration fee or DNA databank fee, crime victim assistance fee or  supple-
mental sex offender victim fee remains unpaid. The court shall not issue
a summons under this subdivision to a person who is being sentenced to a
term of confinement in excess of sixty days in jail or in the department
of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION.  The

S. 2812--C                         165                        A. 4012--C

mandatory surcharges, sex offender registration  fee  and  DNA  databank
fees,  crime victim assistance fees and supplemental sex offender victim
fees for those persons shall be governed by the  provisions  of  section
60.30 of this article.
  S  122.  Paragraph  (b) of subdivision 2 of section 70.02 of the penal
law, as separately amended by chapters 764 and 765 of the laws of  2005,
is amended to read as follows:
  (b)  Except as provided in paragraph (b-1) of this subdivision, subdi-
vision six of section 60.05 and subdivision four of  this  section,  the
sentence imposed upon a person who stands convicted of a class D violent
felony offense, other than the offense of criminal possession of a weap-
on  in the third degree as defined in subdivision [four,] five, seven or
eight of section 265.02 or criminal sale  of  a  firearm  in  the  third
degree  as  defined  in  section  265.11, must be in accordance with the
applicable provisions of this chapter relating to sentencing for class D
felonies provided, however, that where a  sentence  of  imprisonment  is
imposed  which requires a commitment to the state department of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION,  such  sentence
shall  be  a  determinate  sentence  in accordance with paragraph (c) of
subdivision three of this section.
  S 123. Subdivision 7 of section 70.06 of the penal law, as amended  by
chapter 738 of the laws of 2004, is amended to read as follows:
  7. Notwithstanding any other provision of law, in the case of a person
sentenced  for a specified offense or offenses as defined in subdivision
five of section  410.91  of  the  criminal  procedure  law,  who  stands
convicted  of  no  other  felony  offense,  who  has not previously been
convicted of either a violent felony offense as defined in section 70.02
of this article, a class A felony offense or a class B  felony  offense,
and is not under the jurisdiction of or awaiting delivery to the depart-
ment  of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION,
the court may direct that such sentence be executed as a  parole  super-
vision  sentence as defined in and pursuant to the procedures prescribed
in section 410.91 of the criminal procedure law.
  S 124. Section 70.20 of the penal law, as amended by  chapter  303  of
the  laws of 1981, subdivision 1 as separately amended by chapters 3 and
516 of the laws of 1995, paragraphs (b), (c), (d) and (e) of subdivision
1 as added by chapter 516 of the laws of 1995, subdivision 2-a as  added
by  chapter 1 of the laws of 1995, subdivision 3 as amended by chapter 3
of the laws of 1995, subdivision 4 as amended by chapter 479 of the laws
of 1992, paragraph (a) of subdivision 4 as separately amended by chapter
465 of the laws of 1992 and paragraphs (d) and (e) of subdivision  4  as
relettered and subdivision 5 as designated by chapter 516 of the laws of
1995, is amended to read as follows:
S 70.20 Place of imprisonment.
  1.  (a)  Indeterminate  or determinate sentence. Except as provided in
subdivision four of this section, when an indeterminate  or  determinate
sentence  of imprisonment is imposed, the court shall commit the defend-
ant to the custody of the state department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  for  the  term  of  his or her
sentence and until released in accordance with the law; provided, howev-
er, that a defendant sentenced pursuant to subdivision seven of  section
70.06  shall  be  committed  to  the  custody of the state department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION for  imme-
diate delivery to a reception center operated by the department.
  (b)  The court in committing a defendant who is not yet eighteen years
of age to the department  of  [correctional  services]  CORRECTIONS  AND

S. 2812--C                         166                        A. 4012--C

COMMUNITY  SUPERVISION  shall inquire as to whether the parents or legal
guardian of the defendant, if present,  will  grant  to  the  minor  the
capacity  to  consent  to  routine  medical,  dental  and  mental health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  a defendant who is not yet eighteen years of age to the custody
of the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION  in  accordance with this section and no medical consent has
been obtained prior to said commitment, the commitment  order  shall  be
deemed  to  grant the capacity to consent to routine medical, dental and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion   on   notice   to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION pursuant to article twenty-two  of
the  civil  practice  law and rules and section one hundred forty of the
correction law, objecting to routine medical, dental  or  mental  health
services   and  treatment  being  provided  to  such  inmate  under  the
provisions of paragraph (b) of this subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his  or  her  own
behalf to any medical, dental, and mental health service or treatment.
  2.  Definite  sentence. Except as provided in subdivision four of this
section, when a definite sentence of imprisonment is imposed, the  court
shall commit the defendant to the county or regional correctional insti-
tution  for  the  term  of his sentence and until released in accordance
with the law.
  2-a. Sentence of life imprisonment without parole. When a sentence  of
life  imprisonment without parole is imposed, the court shall commit the
defendant to the  custody  of  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for the remainder of the
life of the defendant.
  3.  Undischarged  imprisonment in other jurisdiction. When a defendant
who is subject to an undischarged term of  imprisonment,  imposed  at  a
previous  time  by  a  court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term,  as  provided  in  subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment  for  such  portion of the term or terms of the sentence imposed by
the court of this state as shall not exceed the said undischarged  term.
The  defendant shall be committed to the custody of the state department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if  the
additional  term  or  terms  are  indeterminate or determinate or to the
appropriate county or regional correctional institution if the said term
or terms are definite for such portion of  the  term  or  terms  of  the
sentence  imposed  as  shall  exceed  such  undischarged  term  or until
released in accordance with  law.  If  such  additional  term  or  terms
imposed  shall  run  consecutively  to  the  said undischarged term, the
defendant shall be committed as provided in subdivisions one and two  of
this section.
  4.  (a)  Notwithstanding any other provision of law to the contrary, a
juvenile offender, or a juvenile offender who is adjudicated a  youthful
offender  and  given  an  indeterminate or a definite sentence, shall be
committed  to  the  custody  of  the  [director  of  the  division   for

S. 2812--C                         167                        A. 4012--C

youth]COMMISSIONER  OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES who
shall arrange for the confinement of such offender in secure  facilities
of  the  [division]  OFFICE.   The release or transfer of such offenders
from  the  [division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES
shall be governed by section five hundred eight of the executive law.
  (b) The court in committing a juvenile offender and youthful  offender
to the custody of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES  shall  inquire  as to whether the parents or legal guardian of
the youth, if present, will consent for the [division] OFFICE  OF  CHIL-
DREN  AND  FAMILY SERVICES to provide routine medical, dental and mental
health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES in accordance  with  this  section  and  no
medical  consent has been obtained prior to said commitment, the commit-
ment order shall be deemed to grant consent for the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES to provide for  routine  medical,
dental  and  mental  health  services  and  treatment to the offender so
committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an offender who is not yet eighteen years of age from  making  a
motion  on  notice  to  the  [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES pursuant to article twenty-two of the civil practice law
and rules objecting to routine medical, dental or mental health services
and treatment being provided to such offender under  the  provisions  of
paragraph (b) of this subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  offender  is  authorized by law to consent on his or her own
behalf to any medical, dental and mental health service or treatment.
  5. Subject  to  regulations  of  the  department  of  health,  routine
medical,  dental and mental health services and treatment is defined for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation the administration of medications or nutri-
tion, the extraction of bodily fluids  for  analysis,  and  dental  care
performed with a local anesthetic. Routine mental health treatment shall
not  include  psychiatric administration of medication unless it is part
of an ongoing mental health plan or unless it is otherwise authorized by
law.
  S 125. Subdivisions 1 and 3 of section 70.20 of the penal law,  subdi-
vision 1 as amended by chapter 516 of the laws of 1995 and subdivision 3
as  amended  by  chapter 303 of the laws of 1981, are amended to read as
follows:
  1. (a) Indeterminate sentence. Except as provided in subdivision  four
of  this  section,  when  an  indeterminate  sentence of imprisonment is
imposed, the court shall commit the defendant  to  the  custody  of  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION for the term of his or her sentence and  until  released  in
accordance with the law.
  (b)  The court in committing a defendant who is not yet eighteen years
of age to the department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  shall inquire as to whether the parents or legal
guardian of the defendant, if present,  will  grant  to  the  minor  the
capacity  to  consent  to  routine  medical,  dental  and  mental health
services and treatment.

S. 2812--C                         168                        A. 4012--C

  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the  custody
of  the  department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION in accordance with this section and no medical  consent  has
been  obtained  prior  to said commitment, the commitment order shall be
deemed to grant the capacity to consent to routine medical,  dental  and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an  inmate  who is not yet eighteen years of age from making a
motion  on  notice  to  the  department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION pursuant to article twenty-two of
the civil practice law and rules and section one hundred  forty  of  the
correction  law,  objecting  to routine medical, dental or mental health
services  and  treatment  being  provided  to  such  inmate  under   the
provisions of paragraph (b) of this subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.
  3. Undischarged imprisonment in other jurisdiction. When  a  defendant
who  is  subject  to  an undischarged term of imprisonment, imposed at a
previous time by a court of another jurisdiction,  is  sentenced  to  an
additional term or terms of imprisonment by a court of this state to run
concurrently  with  such  undischarged  term, as provided in subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment for such portion of the term or terms of the  sentence  imposed  by
the  court of this state as shall not exceed the said undischarged term.
The defendant shall be committed to the custody of the state  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if the
additional term or terms are indeterminate or to the appropriate  county
or regional correctional institution if the said term or terms are defi-
nite  for  such  portion of the term or terms of the sentence imposed as
shall exceed such undischarged term or until released in accordance with
law. If such additional term or terms imposed shall run consecutively to
the said undischarged term, the defendant shall be committed as provided
in subdivisions one and two of this section.
  S 126. The opening paragraph of subdivision 1 and subdivisions 6 and 7
of section 70.30 of the penal law, the opening paragraph of  subdivision
1  as amended by chapter 3 of the laws of 1995, subdivision 6 as amended
by chapter 465 of the laws of 1974 and subdivision 7 as amended by chap-
ter 392 of the laws of 1988, are amended to read as follows:
  An indeterminate or determinate  sentence  of  imprisonment  commences
when  the  prisoner is received in an institution under the jurisdiction
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION. Where a person is under more than one indetermi-
nate or determinate sentence,  the  sentences  shall  be  calculated  as
follows:
  6.  Escape.  When  a  person who is serving a sentence of imprisonment
escapes from custody, the escape shall interrupt the sentence  and  such
interruption shall continue until the return of the person to the insti-
tution  in  which  the sentence was being served or, if the sentence was
being served in an institution  under  the  jurisdiction  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, to an institution under the jurisdiction of that department. Any
time spent by such person in custody from the date of escape to the date

S. 2812--C                         169                        A. 4012--C

the sentence resumes shall be credited against the term or maximum  term
of the interrupted sentence, provided:
  (a) That such custody was due to an arrest or surrender based upon the
escape; or
  (b)  That  such  custody  arose from an arrest on another charge which
culminated in a dismissal or an acquittal; or
  (c) That such custody arose from an arrest  on  another  charge  which
culminated in a conviction, but in such case, if a sentence of imprison-
ment  was imposed, the credit allowed shall be limited to the portion of
the time spent in custody that exceeds the period, term or maximum  term
of imprisonment imposed for such conviction.
  7.  Absconding  from  temporary  release  or  furlough program. When a
person who is serving a sentence of imprisonment is permitted  to  leave
an  institution  to participate in a program of work release or furlough
program as such term is defined in section six hundred thirty-one of the
correction law, or in the case of an institution under the  jurisdiction
of  the  state  department  of  [correctional  services] CORRECTIONS AND
COMMUNITY SUPERVISION or a facility under the jurisdiction of the  state
[division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES to partic-
ipate in a program of temporary release, fails to return to the institu-
tion or facility at or before the time prescribed for his OR HER return,
such failure shall interrupt the sentence and  such  interruption  shall
continue  until the return of the person to the institution in which the
sentence was being served or, if the sentence was  being  served  in  an
institution  under  the jurisdiction of the state department of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION  or  a  facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN  AND  FAMILY  SERVICES  to an institution under the jurisdiction of
that department or a facility under the jurisdiction of that  [division]
OFFICE.    Any time spent by such person in an institution from the date
of his OR HER failure to return to the date his OR HER sentence  resumes
shall  be  credited  against the term or maximum term of the interrupted
sentence, provided:
  (a) That such incarceration was due to an arrest  or  surrender  based
upon the failure to return; or
  (b)  That  such  incarceration  arose from an arrest on another charge
which culminated in a dismissal or an acquittal; or
  (c) That such custody arose from an arrest  on  another  charge  which
culminated in a conviction, but in such case, if a sentence of imprison-
ment  was imposed, the credit allowed shall be limited to the portion of
the time spent in custody that exceeds the period, term or maximum  term
of imprisonment imposed for such conviction.
  S  127. The opening paragraph of subdivision 1 of section 70.30 of the
penal law, as amended by chapter 481 of the laws of 1978, is amended  to
read as follows:
  An  indeterminate sentence of imprisonment commences when the prisoner
is received in an  institution  under  the  jurisdiction  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION. Where a person is under more than  one  indeterminate  sentence,
the sentences shall be calculated as follows:
  S  127-a.  Section  70.35 of the penal law, as amended by chapter 3 of
the laws of 1995, is amended to read as follows:
S 70.35 Merger of certain  definite  and  indeterminate  or  determinate
            sentences.
  The  service  of an indeterminate or determinate sentence of imprison-
ment shall satisfy any definite sentence of imprisonment  imposed  on  a

S. 2812--C                         170                        A. 4012--C

person  for  an offense committed prior to the time the indeterminate or
determinate sentence was imposed, except as provided in paragraph (b) of
subdivision five of section 70.25 of this article. A person who is serv-
ing  a  definite  sentence  at  the time an indeterminate or determinate
sentence is imposed shall be delivered  to  the  custody  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION to commence service of the indeterminate or determinate  sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph  (b)  of subdivision five of section 70.25 of this article. In
any case where the indeterminate or determinate sentence is  revoked  or
vacated,  the  person shall receive credit against the definite sentence
for each day spent in the custody of the state  department  of  [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  127-b. Section 70.35 of the penal law, as amended by chapter 527 of
the laws of 1989, is amended to read as follows:
S 70.35 Merger of certain definite and indeterminate sentences.
  The service of an indeterminate sentence of imprisonment shall satisfy
any definite sentence of imprisonment imposed on a person for an offense
committed prior to the time  the  indeterminate  sentence  was  imposed,
except as provided in paragraph (b) of subdivision five of section 70.25
of this article. A person who is serving a definite sentence at the time
an  indeterminate  sentence is imposed shall be delivered to the custody
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION to commence service of the indeterminate sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph (b) of subdivision five of section 70.25 of this  article.  In
any  case  where  the  indeterminate sentence is revoked or vacated, the
person shall receive credit against the definite sentence for  each  day
spent  in the custody of the state department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 127-c. Paragraph (a) of subdivision 1 of section 70.40 of the  penal
law,  as  amended  by chapter 3 of the laws of 1995, subparagraph (i) as
amended by chapter 435 of the laws of 1997, subparagraph (v) as  amended
by  section 7 of part J of chapter 56 of the laws of 2009, is amended to
read as follows:
  (a) Release on parole shall be in the discretion of the state board of
parole, and such person shall continue service of his OR HER sentence or
sentences while on  parole,  in  accordance  with  and  subject  to  the
provisions of the executive law AND THE CORRECTION LAW.
  (i)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR SHE is confined at any time after the expiration of  the  minimum  or
the  aggregate  minimum  period  of  the sentence or sentences or, where
applicable, the minimum or aggregate minimum period reduced by the merit
time allowance granted pursuant to paragraph (d) of subdivision  one  of
section eight hundred three of the correction law.
  (ii) A person who is serving one or more than one determinate sentence
of imprisonment shall be ineligible for discretionary release on parole.
  (iii)  A  person  who  is  serving  one or more than one indeterminate
sentence of imprisonment and one or more than one  determinate  sentence
of imprisonment, which run concurrently may be paroled at any time after
the  expiration  of the minimum period of imprisonment of the indetermi-
nate sentence or sentences, or upon the expiration  of  six-sevenths  of
the  term  of  imprisonment  of  the  determinate sentence or sentences,
whichever is later.

S. 2812--C                         171                        A. 4012--C

  (iv) A person who is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment and one or more than one determinate sentence
of imprisonment which run consecutively may be paroled at any time after
the expiration of the sum of the minimum or aggregate minimum period  of
the  indeterminate sentence or sentences and six-sevenths of the term or
aggregate term of imprisonment of the determinate sentence or sentences.
  (v) Notwithstanding any other subparagraph of this paragraph, a person
may be paroled from the institution in which he OR SHE  is  confined  at
any  time on medical parole pursuant to section two hundred fifty-nine-r
or section two hundred fifty-nine-s of the executive law or for deporta-
tion pursuant to paragraph (d) of subdivision two of section two hundred
fifty-nine-i of the executive law or after the successful completion  of
a  shock  incarceration  program pursuant to article twenty-six-A of the
correction law.
  S 127-d. Paragraph (a) of subdivision 1 of section 70.40 of the  penal
law,  as separately amended by chapter 261 of the laws of 1987 and chap-
ter 55 of the laws of 1992, subparagraph (i) as added by  chapter  3  of
the laws of 1995, is amended to read as follows:
  (a)  (I)  A  person  who is serving one or more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR SHE is confined at any time after the expiration of  the  minimum  or
the  aggregate  minimum  period  of  imprisonment  of  the  sentence  or
sentences or after the successful completion of  a  shock  incarceration
program,  as  defined  in  article  twenty-six-A  of the correction law,
whichever is sooner. Release on parole shall be in the discretion of the
state board of parole, and such person shall continue service of his  OR
HER  sentence  or  sentences  while  on  parole,  in accordance with and
subject to the provisions of the executive law AND THE CORRECTION LAW.
  [(i)] (II) A person who is serving one or more than one  indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR  SHE  is  confined at any time after the expiration of the minimum or
the aggregate minimum period of the sentence or sentences.
  S 127-d-1. Paragraph (b) of subdivision 1  of  section  70.40  of  the
penal  law,  as  amended by chapter 1 of the laws of 1998, is amended to
read as follows:
  (b) A person who is serving one or  more  than  one  indeterminate  or
determinate sentence of imprisonment shall, if he OR SHE so requests, be
conditionally  released  from  the  institution  in  which  he OR SHE is
confined when the total good behavior time allowed to him OR HER, pursu-
ant to the provisions of the correction law, is equal  to  the  unserved
portion  of  his  OR  HER  term, maximum term or aggregate maximum term;
provided, however, that (i) in no event shall a person  serving  one  or
more  indeterminate sentence of imprisonment and one or more determinate
sentence  of  imprisonment  which  run  concurrently  be   conditionally
released  until serving at least six-sevenths of the determinate term of
imprisonment which has the longest unexpired time to run and (ii) in  no
event  shall  a  person  be  conditionally released prior to the date on
which such person is first eligible for  discretionary  parole  release.
The conditions of release, including those governing post-release super-
vision,  shall be such as may be imposed by the state board of parole in
accordance with the provisions of the executive law.
  Every person so released shall be under the supervision of  the  state
[board  of  parole]  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
for a period equal to the unserved portion of the  term,  maximum  term,
aggregate maximum term, or period of post-release supervision.

S. 2812--C                         172                        A. 4012--C

  S  127-e. Paragraph (b) of subdivision 1 of section 70.40 of the penal
law, as separately amended by chapter 467 of the laws of 1979 and  chap-
ter  1  of the laws of 1998, the closing paragraph as separately amended
by chapter 148 of the laws of 1975 and chapter 1 of the laws of 1998, is
amended to read as follows:
  (b)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment shall, if he OR  SHE  so  requests,  be  condi-
tionally  released  from  the institution in which he OR SHE is confined
when the total good behavior time allowed to him OR HER, pursuant to the
provisions of the correction law, is equal to the  unserved  portion  of
his OR HER maximum or aggregate maximum term. The conditions of release,
including those governing post-release supervision, shall be such as may
be  imposed  by  the  state  board  of  parole  in  accordance  with the
provisions of the executive law.
  Every person so released shall be under the supervision of the  [state
board of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION for
a period equal to the unserved portion of the maximum, aggregate maximum
term, or period of post-release supervision.
  S  127-f. Paragraph (c) of subdivision 1 of section 70.40 of the penal
law, as added by section 13 of part E of chapter 62 of the laws of 2003,
is amended to read as follows:
  (c) A person who  is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment  shall, if he or she so requests, be released
from the institution in which he or she is confined if granted  presump-
tive  release  pursuant  to  section eight hundred six of the correction
law. The conditions of release shall be such as may be  imposed  by  the
state board of parole in accordance with the provisions of the executive
law.  Every  person  so  released  shall be under the supervision of the
[state board of parole] DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
VISION  for a period equal to the unserved portion of his or her maximum
or aggregate maximum term unless discharged in accordance with law.
  S 127-g. Subdivision 2 of section 70.40 of the penal law,  as  amended
by section 4 of part SS of chapter 56 of the laws of 2009, is amended to
read as follows:
  2.  Definite  sentence.  A  person who is serving one or more than one
definite sentence of imprisonment with  a  term  or  aggregate  term  in
excess  of  ninety  days,  and  is eligible for release according to the
criteria set forth in paragraphs (a), (b) and (c) of subdivision one  of
section  two  hundred seventy-three of the correction law, may, if he or
she so requests, be conditionally released from the institution in which
he or she is confined at any time after service of sixty  days  of  that
term,  exclusive  of  credits allowed under subdivisions four and six of
section 70.30. In computing service of sixty days,  the  credit  allowed
for  jail  time under subdivision three of section 70.30 shall be calcu-
lated as time served. Conditional release from such institution shall be
in the discretion of the parole board, or a  local  conditional  release
commission established pursuant to article twelve of the correction law,
provided,  however  that  where  such  release is by a local conditional
release commission, the person must be serving a definite sentence  with
a  term  in  excess  of one hundred twenty days and may only be released
after service of ninety days of such term. In computing service of nine-
ty days, the credit allowed for jail time  under  subdivision  three  of
section  70.30  of  this  article  shall be calculated as time served. A
conditional release granted under this subdivision shall  be  upon  such
conditions as may be imposed by the parole board, in accordance with the

S. 2812--C                         173                        A. 4012--C

provisions  of the executive law, or a local conditional release commis-
sion in accordance with the provisions of the correction law.
  Conditional  release  shall  interrupt  service  of  the  sentence  or
sentences and the remaining portion of the term or aggregate term  shall
be  held in abeyance. Every person so released shall be under the super-
vision of the [parole board] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  a  local probation department and in the custody of the
local conditional release commission in accordance with  article  twelve
of  the  correction  law,  for a period of one year. The local probation
department shall cause complete records  to  be  kept  of  every  person
released  to its supervision pursuant to this subdivision. The [division
of parole] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  may
supply to a local probation department and the local conditional release
commission  custody  information and records maintained on persons under
the supervision of  such  local  probation  department  to  aid  in  the
performance  of  its  supervision  responsibilities. Compliance with the
conditions of release during the period of supervision shall satisfy the
portion of the term or aggregate term that has been held in abeyance.
  S 127-h. Paragraphs (a) and (b) of subdivision 3 of section  70.40  of
the penal law, paragraph (a) as amended by section 14 of part E of chap-
ter  62  of  the  laws of 2003, paragraph (b) as amended by section 5 of
part SS of chapter 56 of the laws  of  2009,  are  amended  to  read  as
follows:
  (a) When a person is alleged to have violated the terms of presumptive
release or parole and the state board of parole has declared such person
to  be  delinquent,  the  declaration of delinquency shall interrupt the
person's sentence as of the date of  the  delinquency  and  such  inter-
ruption  shall continue until the return of the person to an institution
under  the  jurisdiction  of  the  state  department  of   [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  (b)  When a person is alleged to have violated the terms of his OR HER
conditional release or post-release supervision and  has  been  declared
delinquent  by the parole board or the local conditional release commis-
sion having supervision over such person, the declaration of delinquency
shall interrupt the period of supervision or post-release supervision as
of the date of the delinquency. For a conditional release,  such  inter-
ruption shall continue until the return of the person to the institution
from  which he OR SHE was released or, if he OR SHE was released from an
institution under the jurisdiction of the state department  of  [correc-
tional  services]  CORRECTIONS AND COMMUNITY SUPERVISION, to an institu-
tion under the jurisdiction of that department. Upon  such  return,  the
person  shall  resume  service  of  his  OR  HER  sentence. For a person
released to post-release supervision, the provisions  of  section  70.45
shall apply.
  S 127-i. Intentionally omitted.
  S  127-j. Subdivision 5 of section 70.45 of the penal law, as added by
chapter 1 of the laws of 1998, paragraph (d) as amended by section 5  of
part E of chapter 56 of the laws of 2007, is amended to read as follows:
  5.  Calculation  of  service  of period of post-release supervision. A
period or periods of post-release supervision shall  be  calculated  and
served as follows:
  (a)  A  period  of  post-release  supervision  shall commence upon the
person's release from imprisonment to supervision by  the  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION and shall
interrupt the running of the determinate sentence or sentences of impri-
sonment and the indeterminate sentence or sentences of imprisonment,  if

S. 2812--C                         174                        A. 4012--C

any.  The  remaining  portion  of  any maximum or aggregate maximum term
shall then be held in abeyance until the successful  completion  of  the
period of post-release supervision or the person's return to the custody
of  the  [department of correctional services] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, whichever occurs first.
  (b) Upon the completion of the period of post-release supervision, the
running of such sentence or sentences of imprisonment shall  resume  and
only  then shall the remaining portion of any maximum or aggregate maxi-
mum term previously held in abeyance be credited with and diminished  by
such  period of post-release supervision. The person shall then be under
the jurisdiction of the [division of parole] DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION for the remaining portion of such maximum or
aggregate maximum term.
  (c) When a person is subject to two or more  periods  of  post-release
supervision, such periods shall merge with and be satisfied by discharge
of  the  period of post-release supervision having the longest unexpired
time to run; provided, however, any time served upon one period of post-
release supervision shall not be credited to any other period  of  post-
release  supervision  except  as provided in subdivision five of section
70.30 of this article.
  (d) When a person is alleged to have violated a condition of  post-re-
lease supervision and the [division of parole] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION has declared such person to be delinquent: (i)
the  declaration  of  delinquency shall interrupt the period of post-re-
lease supervision; (ii)  such  interruption  shall  continue  until  the
person  is  restored to post-release supervision; (iii) if the person is
restored to post-release  supervision  without  being  returned  to  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, any time spent in custody from the  date  of  delinquency  until
restoration  to  post-release supervision shall first be credited to the
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment, but only to the  extent  authorized  by  subdivision  three  of
section 70.40 of this article. Any time spent in custody solely pursuant
to such delinquency after completion of the maximum or aggregate maximum
term  of  the sentence or sentences of imprisonment shall be credited to
the period of post-release supervision, if any; and (iv) if  the  person
is  ordered  returned  to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION, the person shall be  required  to
serve  the  time  assessment  before  being  re-released to post-release
supervision. In the event the balance of the remaining period  of  post-
release  supervision  is six months or less, such time assessment may be
up to six months unless a longer period is authorized pursuant to subdi-
vision one of this section. The time assessment shall commence upon  the
issuance  of  a  determination after a final hearing that the person has
violated one or more  conditions  of  supervision.  While  serving  such
assessment,  the  person  shall  not receive any good behavior allowance
pursuant to section eight hundred three of the correction law.  Any time
spent in custody from the  date  of  delinquency  until  return  to  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION shall first be credited to the maximum or aggregate maximum  term
of  the  sentence  or  sentences of imprisonment, but only to the extent
authorized by subdivision three of section 70.40 of  this  article.  The
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment  shall  run  while the person is serving such time assessment in
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION.  Any time spent in  custody  solely  pursuant  to

S. 2812--C                         175                        A. 4012--C

such  delinquency  after  completion of the maximum or aggregate maximum
term of the sentence or sentences of imprisonment shall be  credited  to
the period of post-release supervision, if any.
  (e)  Notwithstanding paragraph (d) of this subdivision, in the event a
person is sentenced to one or more additional indeterminate or  determi-
nate term or terms of imprisonment prior to the completion of the period
of  post-release  supervision,  such  period of post-release supervision
shall be held in abeyance and the  person  shall  be  committed  to  the
custody  of  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION in accordance with the requirements of  the  prior
and additional terms of imprisonment.
  (f)  When  a  person  serving  a period of post-release supervision is
returned to the department of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION pursuant to an additional consecutive sentence of
imprisonment and without a declaration of delinquency,  such  period  of
post-release  supervision  shall be held in abeyance while the person is
in the custody of the department of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION.    Such  period of post-release supervision
shall resume running upon the person's re-release.
  S 127-k. Paragraph (d) of subdivision 3 of section 70.70 of the  penal
law,  as added by chapter 738 of the laws of 2004, is amended to read as
follows:
  (d) Sentence of parole supervision. In the case of a person  sentenced
for  a  specified  offense or offenses as defined in subdivision five of
section 410.91 of the criminal procedure law, who stands convicted of no
other felony offense, who has not previously been convicted of either  a
violent  felony  offense  as defined in section 70.02 of this article, a
class A felony offense or a class B felony offense, and is not under the
jurisdiction of or awaiting delivery to the department of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION, the court may direct
that a determinate sentence imposed pursuant to this  subdivision  shall
be  executed as a parole supervision sentence as defined in and pursuant
to the procedures prescribed in section 410.91 of the criminal procedure
law.
  S 127-l. Subdivision 1 of section 85.15 of the penal law,  as  amended
by chapter 3 of the laws of 1995, is amended to read as follows:
  1. Indeterminate and determinate sentences. The service of an indeter-
minate  or  a  determinate  sentence  of  imprisonment shall satisfy any
sentence of intermittent imprisonment imposed on a person for an offense
committed prior to the time the indeterminate  or  determinate  sentence
was  imposed.  A person who is serving a sentence of intermittent impri-
sonment at the time an indeterminate or a determinate sentence of impri-
sonment is imposed shall be  delivered  to  the  custody  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION to commence service of the indeterminate or determinate  sentence
immediately.
  S  127-m. Subdivision 1 of section 85.15 of the penal law, as added by
chapter 477 of the laws of 1970, is amended to read as follows:
  1. Indeterminate and reformatory sentences. The service of an indeter-
minate or a reformatory  sentence  of  imprisonment  shall  satisfy  any
sentence of intermittent imprisonment imposed on a person for an offense
committed  prior  to  the time the indeterminate or reformatory sentence
was imposed. A person who is serving a sentence of  intermittent  impri-
sonment at the time an indeterminate or a reformatory sentence of impri-
sonment  is  imposed  shall  be  delivered  to  the custody of the state
department of [correction]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  to

S. 2812--C                         176                        A. 4012--C

commence service of the indeterminate or reformatory sentence immediate-
ly.
  S 127-n. Section 205.17 of the penal law, as amended by chapter 460 of
the laws of 1983, is amended to read as follows:
S 205.17 Absconding from temporary release in the first degree.
  A  person  is guilty of absconding from temporary release in the first
degree when having been released  from  confinement  in  a  correctional
institution  under  the jurisdiction of the state department of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION  or  a  facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN  AND  FAMILY  SERVICES  to  participate  in  a program of temporary
release, he OR SHE intentionally fails to return to the  institution  or
facility of his  OR HER confinement at or before the time prescribed for
his OR HER return.
  Absconding  from  temporary  release  in the first degree is a class E
felony.
  S 127-o. Section 205.19 of the penal law, as added by chapter  554  of
the laws of 1986, is amended to read as follows:
S 205.19 Absconding from a community treatment facility.
  A  person  is guilty of absconding from a community treatment facility
when having been released from confinement from a correctional  institu-
tion  under  the  jurisdiction  of the state department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION by transfer to a  commu-
nity treatment facility, he OR SHE leaves such facility without authori-
zation  or  he  OR  SHE  intentionally  fails to return to the community
treatment facility at or before the  time  prescribed  for  his  OR  HER
return.
  Absconding from a community treatment facility is a class E felony.
  S  127-p.  Section  240.32  of the penal law, as separately amended by
chapters 422 and 441 of the laws of 2000, is amended to read as follows:
S 240.32 Aggravated harassment of an employee by an inmate.
  An inmate or respondent is  guilty  of  aggravated  harassment  of  an
employee  by  an  inmate when, with intent to harass, annoy, threaten or
alarm a person in a facility whom he OR SHE knows or  reasonably  should
know  to  be  an employee of such facility or the [division of] BOARD OF
parole or the office of mental health, or a probation department, bureau
or unit or a police officer, he OR SHE causes or attempts to cause  such
employee to come into contact with blood, seminal fluid, urine or feces,
by throwing, tossing or expelling such fluid or material.
  For  purposes of this section, "inmate" means an inmate or detainee in
a correctional facility, local correctional facility or a  hospital,  as
such  term  is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the office of chil-
dren and family services who is placed with or committed to  the  office
of  children and family services. For purposes of this section, "facili-
ty" means a correctional facility or local correctional facility, hospi-
tal, as such term is defined in subdivision two of section four  hundred
of  the  correction law, or a secure facility operated and maintained by
the office of children and family services.
  Aggravated harassment of an employee by an inmate is a class E felony.
  S 127-q. Paragraphs (e) and (f) of subdivision 3 of section 130.05  of
the  penal  law,  paragraph  (e)  as amended by chapter 1 of the laws of
2000, subparagraph (iv) of paragraph (e) as added and paragraph  (f)  as
amended  by  chapter  335  of  the  laws of 2007, are amended to read as
follows:

S. 2812--C                         177                        A. 4012--C

  (e) committed to the care and  custody  of  the  state  department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  or a
hospital, as such term is defined in subdivision  two  of  section  four
hundred of the correction law, and the actor is an employee, not married
to  such person, who knows or reasonably should know that such person is
committed to the care and custody of such department  or  hospital.  For
purposes  of  this  paragraph,  "employee"  means (i) an employee of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION who performs professional duties: (A) in a state correction-
al  facility  consisting  of providing custody, medical or mental health
services,  counseling  services,  educational  programs,  or  vocational
training for inmates; OR
  [(ii)  an employee of the division of parole who performs professional
duties] (B) in a state correctional facility and who  provides  institu-
tional  parole services [pursuant to section two hundred fifty-nine-e of
the executive law]; or
  [(iii)] (II) an employee of the office of mental health  who  performs
professional  duties  in  a  state correctional facility or hospital, as
such term is defined in subdivision two of section four hundred  of  the
correction  law,  consisting  of providing custody, or medical or mental
health services for such inmates; or
  [(iv)]  (III)  a  person,  including  a  volunteer,  providing  direct
services  to  inmates  in  the  state correctional facility in which the
victim is confined at the time of the offense pursuant to a  contractual
arrangement  with  the  state department of correctional services or, in
the case of a volunteer,  a  written  agreement  with  such  department,
provided   that  the  person  received  written  notice  concerning  the
provisions of this paragraph; or
  (f) committed to the care and custody of a local correctional  facili-
ty,  as  such term is defined in subdivision two of section forty of the
correction law, and the actor  is  an  employee,  not  married  to  such
person,  who knows or reasonably should know that such person is commit-
ted to the care and custody of such facility. For purposes of this para-
graph, "employee" means an employee of the local  correctional  facility
where  the person is committed who performs professional duties consist-
ing of providing custody, medical or mental health services,  counseling
services,  educational services, or vocational training for inmates. For
purposes of this paragraph, "employee" shall also mean a person, includ-
ing a volunteer or a government  employee  of  the  state  [division  of
parole]  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION or a local
health, education or probation  agency,  providing  direct  services  to
inmates  in  the  local  correctional  facility  in  which the victim is
confined at the time of the offense pursuant to a  contractual  arrange-
ment  with  the  local correctional department or, in the case of such a
volunteer or government employee, a written agreement with such  depart-
ment,  provided  that such person received written notice concerning the
provisions of this paragraph; or
  S 127-r. Subdivision 1 of section 10 of the public buildings  law,  as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  1. Except as provided in subdivision two of this section, whenever the
head  of any agency, board, division or commission, with the approval of
the director of the budget, (a) shall certify  to  the  commissioner  of
general  services that any property on state land or on land under lease
to the state and  consisting  of  buildings  with  or  without  fixtures
attached thereto, and any other improvements upon such lands, are unfit,
not  adapted  or  not  needed for use by such agency, board, division or

S. 2812--C                         178                        A. 4012--C

commission and (b) shall recommend for reasons to be  stated,  that  the
said  property  should  be  disposed  of,  the  commissioner  of general
services shall, after causing an investigation to be  made,  dispose  of
said  property  by  sale  or  demolition as will best promote the public
interest.  Public notice of a proposed sale where the value of the prop-
erty to be sold exceeds five thousand dollars shall be given  by  adver-
tising  at  least  once  in  a  newspaper published and having a general
circulation in the county in which such lands are located  and  in  such
other  newspaper  or  newspapers as the commissioner of general services
may deem to be  necessary.  Such  advertisement  shall  give  a  general
description  and  location of the property and the terms of the sale and
the date on which proposals for the same will be received by the commis-
sioner of general services. Should any or all of the offers so  received
be  deemed  by the commissioner of general services to be too low, he or
she may dispose of such property so advertised at  private  sale  within
ninety  days  of  the opening of the bids, provided that no such private
sale shall be consummated at a price lower  than  that  submitted  as  a
result of public advertising. The commissioner of general services shall
also  have the power to demolish such property either by contract or, if
such property is located on lands which are under  the  jurisdiction  of
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, the work of such demolition may be done by the  inmates  of
the  institution  where  such property is located, provided however that
the commissioner of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  shall consent to the employment of the inmates for the work
of demolition. The provisions of this  subdivision  shall  be  effective
notwithstanding  the  provisions  of  any  other  general or special law
relating to the disposal of buildings with the fixtures attached thereto
or of any improvements upon lands belonging to or  under  lease  to  the
state,  and  any such statute or parts thereof relating to such disposal
of buildings, fixtures and improvements insofar as they are inconsistent
with the provisions of this section are hereby superseded. A  record  of
any  such  sale shall be filed with the state agency head above referred
to and the proceeds of such sale or disposal  shall  be  paid  into  the
treasury of the state to the credit of the capital projects fund.
  S  127-s.  Subdivision  26 of section 206 of the public health law, as
added by section 1 of chapter 419 of the laws of  2009,  is  amended  to
read as follows:
  26.  The  commissioner is hereby authorized and directed to review any
policy or practice instituted in facilities operated by  the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION regard-
ing   human  immunodeficiency  virus  (HIV),  acquired  immunodeficiency
syndrome (AIDS), and hepatitis C (HCV) including the prevention  of  the
transmission of HIV and HCV and the treatment of AIDS, HIV and HCV among
inmates.  Such  review  shall  be  performed annually and shall focus on
whether such HIV, AIDS or HCV policy  or  practice  is  consistent  with
current,  generally  accepted  medical  standards and procedures used to
prevent the transmission of HIV and HCV and to treat AIDS, HIV  and  HCV
among the general public. In performing such reviews, in order to deter-
mine the quality and adequacy of care and treatment provided, department
personnel  are  authorized  to enter correctional facilities and inspect
policy and procedure manuals and  medical  protocols,  interview  health
services  providers  and inmate-patients, review medical grievances, and
inspect a representative sample of medical records of inmates  known  to
be  infected  with HIV or HCV or have AIDS. Prior to initiating a review
of a correctional system, the  commissioner  shall  inform  the  public,

S. 2812--C                         179                        A. 4012--C

including  patients, their families and patient advocates, of the sched-
uled review and invite them to provide the  commissioner  with  relevant
information.  Upon  the completion of such review, the department shall,
in  writing, approve such policy or practice as instituted in facilities
operated by the department of [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  or,  based on specific, written recommendations,
direct the department of [correctional services] CORRECTIONS AND  COMMU-
NITY  SUPERVISION  to prepare and implement a corrective plan to address
deficiencies in areas where such policy or practice fails to conform  to
current,  generally  accepted  medical  standards  and  procedures.  The
commissioner shall monitor the implementation of such  corrective  plans
and  shall conduct such further reviews as the commissioner deems neces-
sary to ensure that identified deficiencies in HIV, AIDS and  HCV  poli-
cies  and  practices  are  corrected.  All written reports pertaining to
reviews provided for in this subdivision shall be maintained, under such
conditions as the commissioner shall prescribe,  as  public  information
available for public inspection.
  S  127-t.  Subdivision  26 of section 206 of the public health law, as
amended by section 2 of chapter 419 of the laws of 2009, is  amended  to
read as follows:
  26.  The  commissioner is hereby authorized and directed to review any
policy or practice instituted in facilities operated by  the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, and in
all  local correctional facilities, as defined in subdivision sixteen of
section two of the  correction  law,  regarding  human  immunodeficiency
virus  (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis C
(HCV) including the prevention of the transmission of HIV  and  HCV  and
the  treatment  of AIDS, HIV and HCV among inmates. Such review shall be
performed annually and shall focus on whether  such  HIV,  AIDS  or  HCV
policy  or  practice  is  consistent  with  current,  generally accepted
medical standards and procedures used to prevent the transmission of HIV
and HCV and to treat AIDS, HIV and HCV  among  the  general  public.  In
performing  such reviews, in order to determine the quality and adequacy
of care and treatment provided, department personnel are  authorized  to
enter  correctional  facilities and inspect policy and procedure manuals
and medical protocols, interview health services providers  and  inmate-
patients, review medical grievances, and inspect a representative sample
of  medical  records  of inmates known to be infected with HIV or HCV or
have AIDS. Prior to initiating a review of a  correctional  system,  the
commissioner shall inform the public, including patients, their families
and  patient  advocates,  of  the  scheduled  review  and invite them to
provide the commissioner with relevant information. Upon the  completion
of such review, the department shall, in writing, approve such policy or
practice  as  instituted  in  facilities  operated  by the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION,  and  in
any  local  correctional facility, or, based on specific, written recom-
mendations, direct the department of [correctional services] CORRECTIONS
AND  COMMUNITY  SUPERVISION,  or  the  authority  responsible  for   the
provision of medical care to inmates in local correctional facilities to
prepare and implement a corrective plan to address deficiencies in areas
where  such  policy  or  practice fails to conform to current, generally
accepted medical standards and procedures. The commissioner shall  moni-
tor  the  implementation of such corrective plans and shall conduct such
further reviews as the commissioner deems necessary to ensure that iden-
tified deficiencies in HIV, AIDS and  HCV  policies  and  practices  are
corrected.    All  written reports pertaining to reviews provided for in

S. 2812--C                         180                        A. 4012--C

this subdivision shall be  maintained,  under  such  conditions  as  the
commissioner shall prescribe, as public information available for public
inspection.
  S 128. Subdivision 2 of section 579 of the public health law, as added
by chapter 436 of the laws of 1993, is amended to read as follows:
  2.  This title shall not be applicable to and the department shall not
have the power to regulate pursuant to this title: (a)  any  examination
performed  by  a state or local government of materials derived from the
human body for use in criminal identification or as evidence in a crimi-
nal proceeding or for investigative purposes;  (b)  any  test  conducted
pursuant  to paragraph (c) of subdivision four of section eleven hundred
ninety-four of the vehicle and traffic law and paragraph  [(b)]  (C)  of
subdivision  [four]  EIGHT of section 25.24 of the parks, recreation and
historic preservation law; (c) any examination performed by a  state  or
local  agency  of materials derived from the body of an inmate, pretrial
releasee, parolee, conditional releasee or probationer to (i) determine,
measure or otherwise describe the presence or absence of  any  substance
whose  possession,  ingestion  or use is prohibited by law, the rules of
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  the  conditions  of  release  established  by the board of
parole, the conditions of release established by  a  court  or  a  local
conditional release commission or the conditions of any program to which
such  individuals  are  referred and (ii) to determine whether there has
been a violation thereof; or (d) any examination performed by a  coroner
or  medical  examiner  for  the  medical-legal investigation of a death.
Nothing herein shall prevent the department  from  consulting  with  the
division  of  criminal justice services, the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, the  state  police,  or
any  other state agency or commission, at the request of the division of
criminal justice services, the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, the state police, or such other
agency or commission, concerning examination of materials  for  purposes
other than public health.
  S  129.  Subdivision  8  of  section 2780 of the public health law, as
amended by chapter 786 of the laws  of  1992,  is  amended  to  read  as
follows:
  8. "Health or social service" means any public or private care, treat-
ment,  clinical  laboratory  test, counseling or educational service for
adults or children, and acute, chronic, custodial,  residential,  outpa-
tient,  home  or  other health care provided pursuant to this chapter or
the social services law; public assistance or care as defined in article
one of the social services  law;  employment-related  services,  housing
services,  foster  care,  shelter,  protective  services,  day  care, or
preventive services  provided  pursuant  to  the  social  services  law;
services  for  the  mentally  disabled  as defined in article one of the
mental hygiene law; probation services, provided  pursuant  to  articles
twelve  and  twelve-A  of  the  executive law; parole services, provided
pursuant to article  [twelve-B  of  the  executive  law]  EIGHT  OF  THE
CORRECTION LAW; [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, provided pursuant to the correction law; detention and rehabili-
tative services provided pursuant to article nineteen-G of the executive
law; and the activities of the health care worker HIV/HBV advisory panel
pursuant to article twenty-seven-DD of this chapter.
  S  130.  Subdivision  2 of section 2785-a of the public health law, as
added by chapter 76 of the laws of 1995, is amended to read as follows:

S. 2812--C                         181                        A. 4012--C

  2. At the time of communicating the test results to the subject or the
victim, such public health officer shall directly provide the victim and
person tested with (a) counseling or referrals for  counseling  for  the
purposes  specified  in  subdivision  five of section two thousand seven
hundred  eighty-one  of  this article; (b) counseling with regard to HIV
disease and HIV testing in  accordance  with  law  and  consistent  with
subdivision  five  of  section  two thousand seven hundred eighty-one of
this article; and (c) appropriate health care and support  services,  or
referrals  to  such available services.  If at the time of communicating
the test results, the person tested is in the custody of the  department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, [divi-
sion for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, office of mental
health  or a local correctional institution, the counseling and services
required by this subdivision may be provided by a public health  officer
associated with the county or facility within which the person tested is
confined.
  S  131.  Subdivision 4 of section 2994-cc of the public health law, as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  4. (a) When the concurrence of a second physician is sought to fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate for patients in a  correctional  facility,  such  second  physician
shall  be  selected  by  the  chief medical officer of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or his  or
her designee.
  (b)  When  the  concurrence of a second physician is sought to fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate for hospice and home care patients, such second physician shall  be
selected  by  the  hospice medical director or hospice nurse coordinator
designated by the medical director or by the home care  services  agency
director of patient care services, as appropriate to the patient.
  S  132.  Subdivision  4  of  section 4174 of the public health law, as
amended by section 6 of part OO of chapter 56 of the laws  of  2010,  is
amended to read as follows:
  4.  No  fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes  of  public  relief  or
when  required  by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made avail-
able by the veterans administration or  when  required  by  a  board  of
elections  for  the  purposes  of  determining voter eligibility or when
requested by the department of [correctional services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  or  a  local correctional facility as defined in
subdivision sixteen of section two of the correction law for the purpose
of providing a certified copy or certified transcript  of  birth  to  an
inmate  in  anticipation  of  such inmate's release from custody or when
requested by the office of children and family services or an authorized
agency for the purpose of providing a certified copy or certified  tran-
script  of  birth  to a youth placed in the custody of the local commis-
sioner of social services or the custody of the office of  children  and
family  services  pursuant  to  article three of the family court act in
anticipation of such youth's discharge from placement.
  S 133. Section 4179 of the public health law, as amended by section  7
part  OO  of  chapter  56  of  the  laws  of 2010, is amended to read as
follows:
  S 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
provisions  of  paragraph  one of subdivision a of section 207.13 of the

S. 2812--C                         182                        A. 4012--C

health code of the city of New York,  the  department  of  health  shall
charge,  and  the  applicant  shall pay, for a search of two consecutive
calendar years under one name and  the  issuance  of  a  certificate  of
birth, death or termination of pregnancy, or a certification of birth or
death,  or  a  certification  that  the record cannot be found, a fee of
fifteen dollars for each copy. Provided, however, that no such fee shall
be charged when the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION or a local correctional facility as defined in
subdivision  sixteen  of  section  two  of the correction law requests a
certificate of birth or  certification  of  birth  for  the  purpose  of
providing  such  certificate  of  birth  or certification of birth to an
inmate in anticipation of such inmate's release from custody or when the
office of children and family services or an authorized agency  requests
a  certified copy or certified transcript of birth for a youth placed in
the custody of the local commissioner of social services or the  custody
of  the office of children and family services pursuant to article three
of the family court act for the purpose of providing such certified copy
or certified transcript of  birth  to  such  youth  in  anticipation  of
discharge from placement.
  S  134.  Paragraph  (l) of subdivision 1 of section 2782 of the public
health law, as added by chapter 584 of the laws of 1988, is  amended  to
read as follows:
  (l)  an  employee  or  agent of the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, in accordance with paragraph  (a)
of  subdivision  two  of section twenty-seven hundred eighty-six of this
article, to the extent the employee or agent  is  authorized  to  access
records  containing  such  information  in order to carry out the [divi-
sion's] DEPARTMENT'S functions, powers and duties with  respect  to  the
protected  individual,  pursuant  to section two hundred fifty-nine-a of
the executive law;
  S 135. Subdivision 8 of section 92 of  the  public  officers  law,  as
separately  amended  by section 40 of part A and section 2 of part A1 of
chapter 56 and by chapter 491 of the laws of 2010, is amended to read as
follows:
  (8) Public safety  agency  record.  The  term  "public  safety  agency
record" means a record of the state commission of correction, the tempo-
rary  state commission of investigation, the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, the office of  children
and  family  services,  [the  division  of parole,] the office of victim
services, the office of probation and correctional alternatives  or  the
division  of  state  police  or of any agency or component thereof whose
primary function is the enforcement of civil  or  criminal  statutes  if
such  record  pertains to investigation, law enforcement, confinement of
persons in correctional facilities or supervision of persons pursuant to
criminal conviction or court order, and any records  maintained  by  the
division of criminal justice services pursuant to sections eight hundred
thirty-seven,  eight  hundred  thirty-seven-a, eight hundred thirty-sev-
en-b, eight hundred thirty-seven-c, eight  hundred  thirty-eight,  eight
hundred  thirty-nine,  and eight hundred forty-five of the executive law
and by the department of state pursuant to section  ninety-nine  of  the
executive law.
  S  136.  Section  18 of the railroad law, as amended by chapter 840 of
the laws of 1984, is amended to read as follows:
  S 18. Railroads through public  lands.  The  commissioner  of  general
services  may grant to any domestic or foreign railroad corporation land
belonging to the people of the state, except the reservation at  Niagara

S. 2812--C                         183                        A. 4012--C

and  the  Concourse lands on Coney Island, which may be required for the
purposes of its road on such terms as may be agreed upon by them;  or  a
domestic railroad corporation may acquire title thereto by condemnation;
and  the  county or town officers having charge of any land belonging to
any county or town, required for a domestic railroad corporation for the
purposes of its road, may grant such land to the  corporation  for  such
compensation  as  may  be  agreed  upon.  In case the land or any right,
interest or easement therein, required by a domestic or foreign railroad
corporation is used for prison  purposes  the  commissioner  of  general
services  may grant such land, or any right, interest or easement there-
in, provided the plans of such railroad corporation for the use of  such
prison  lands,  or  such  right,  interest or easement therein, have the
approval of the commissioner of [correctional services] CORRECTIONS  AND
COMMUNITY SUPERVISION.
  S  137.  Subdivision  3  and  4  of section 88 of the railroad law, as
amended by chapter 247 of the laws of  1964,  are  amended  to  read  as
follows:
  3.  The  corporation,  express company or steamboat company making any
such application shall cause the fingerprints of each proposed appointee
to be taken [by a police agency] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES and [shall cause] one set of
such fingerprints [to] SHALL be forwarded to the division of  [identifi-
cation,  New  York  state department of correction, at Albany, New York]
CRIMINAL JUSTICE SERVICES, and one  set  [of  such  fingerprints  to  be
forwarded  to  the  identification  division,]  TO THE federal bureau of
investigation[, United States  department  of  justice,  at  Washington,
D. C.,  with the request that such]. SUCH fingerprints shall be searched
by each agency against the fingerprint  records  in  its  files  and  be
retained  in  the  files  of such agencies [and the further request that
reports of the results of such searches  shall  be  transmitted  to  the
superintendent of state police].
  4. Reports of the results of such searches [of the fingerprint records
of  the department of correction and of the department of justice] shall
be reviewed by the superintendent of state police prior to  granting  an
appointment[,]  to  determine  whether  a  proposed appointee is thereby
shown to have been convicted of a crime in the state of New York  or  of
any  offense  in  any other place which if committed in the state of New
York would have been a crime and no person who  is  determined  by  such
review to have been so convicted shall receive an appointment under this
section.
  S  138.  Subdivision  a  of  section 63-a of the retirement and social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a. Any member in the uniformed personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those terms are defined in subdivision i of section eighty-nine of  this
article,  who  becomes  physically  or  mentally  incapacitated  for the
performance of duties as the natural and proximate result of an  injury,
sustained in the performance or discharge of his or her duties by, or as
the  natural  and proximate result of an act of any inmate or any person
confined in an institution under the jurisdiction of the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or office
of mental health, or by any person who has been committed to such insti-
tution by any court shall be  paid  a  performance  of  duty  disability
retirement  allowance  equal to that which is provided in section sixty-

S. 2812--C                         184                        A. 4012--C

three of this title, subject to the provisions of section sixty-four  of
this title.
  S  139.  Section  89  of  the  retirement  and social security law, as
amended by chapter 578 of the laws of 1989, subdivision i as amended  by
chapter 499 of the laws of 2006, is amended to read as follows:
  S 89. Retirement of members in the uniformed personnel in institutions
under  the  jurisdiction  of  the  department of [correctional services]
CORRECTIONS AND COMMUNITY  SUPERVISION  or  who  are  security  hospital
treatment assistants; new plan. a. Any member in the uniformed personnel
in institutions under the jurisdiction of the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  as hereinafter
defined, who enters or re-enters service on or after the effective  date
of  this  section, or who is a security hospital treatment assistant who
enters or reenters service on or after the effective date of the  amend-
ment  permitting security hospital treatment assistants to be covered by
this section, shall  contribute  on  the  basis  provided  for  by  this
section.
  b.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION,  as  hereinafter  defined, who entered such
service prior to the effective date of this section may,  on  or  before
September  first,  nineteen  hundred  sixty-six, elect to come under the
provisions of this section. Such election shall be in writing and  shall
be duly executed and filed with the comptroller.
  c.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION,  as  hereinafter  defined, who entered such
service prior to the effective date of this section, may, on  or  before
December  thirty-first,  nineteen hundred sixty-six, elect to come under
the provisions of this section. Such election shall be  in  writing  and
shall  be  duly executed and filed with the comptroller. Any such member
who has made an election as set forth herein on or before December thir-
ty-first, nineteen hundred sixty-five, shall be  permitted  to  withdraw
the  same  and  in like manner make a new election on or before December
thirty-first, nineteen hundred sixty-six.
  d. A member who elects or is required to contribute in accordance with
this section shall contribute, in lieu of the proportion of compensation
as provided in section twenty-one of this article, a proportion  of  his
OR  HER  compensation similarly determined. Such latter proportion shall
be computed to provide at the time when he OR  SHE  shall  first  become
eligible  for retirement under this section, an annuity equal to one-one
hundredth of his OR HER final average salary for each year of service as
a member rendered after May  first,  nineteen  hundred  sixty-five,  and
prior  to  the  attainment  of the age when he OR SHE shall first become
eligible for retirement. Such member's rate of contribution pursuant  to
this  section  shall be appropriately reduced pursuant to section seven-
ty-a of this article for such period of time  as  his  OR  HER  employer
contributes  pursuant  to such section toward pensions-providing-for-in-
creased-take-home pay. No such member  shall  be  required  to  continue
contributions after completing twenty-five years of such service.
  e.  A  member contributing on the basis of this section at the time of
retirement, shall be entitled to retire after the completion of  twenty-
five  years  of  total creditable service as defined in subdivision i of
this section, or upon the attainment of age sixty, by filing an applica-
tion therefor in a manner similar to that provided in section seventy of

S. 2812--C                         185                        A. 4012--C

this article. He OR SHE thereupon shall receive, on retirement a retire-
ment allowance consisting of:
  1.  An  annuity, which shall be the actuarial equivalent of his OR HER
accumulated contributions at the time of his OR HER retirement, plus,
  2. A pension which, together with such annuity and a pension which  is
the  actuarial equivalent of the reserves for-increased-take-home pay to
which he OR SHE may then be entitled, if any, shall  equal  one-fiftieth
of  his  OR HER final average salary for each year of creditable service
in the uniformed personnel in institutions under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  or  for  each  year of creditable service as a security hospital
treatment assistant under the  jurisdiction  of  the  office  of  mental
health,  as  hereinafter  defined.    This  pension shall not exceed the
amount needed to make the total amount of the  benefits  provided  under
paragraphs one and two of this subdivision e equal to one-half of his OR
HER final average salary.
  3.  An  additional  pension  equal  to  the pension for any creditable
service rendered while not in the uniformed  personnel  in  institutions
under  the  jurisdiction  of  the  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION and rendered while not serving  as
a  security  hospital  treatment assistant under the jurisdiction of the
office of mental health, as hereinafter defined, as provided under para-
graphs two and three of subdivision a of section  seventy-five  of  this
article. This pension shall:
  (a)  Be payable only if such member has attained age sixty at the time
of retirement and has not completed twenty-five  years  of  service  for
which he receives credits under this article, and
  (b)  Not  increase the total allowance to more than one-half of his OR
HER final average salary.
  For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
  (aa) if not reduced by the actuarial  equivalent  of  any  outstanding
loan, and
  (bb)  if  not  increased by the actuarial equivalent of any additional
contributions, and
  (cc) if not reduced by reason of the member's election to decrease his
OR HER annuity contributions to the retirement system in order to  apply
the amount of such reduction in payment of his contributions for old-age
and survivors insurance coverage.
  f.  The  increased  pensions  to members of the uniformed personnel in
institutions under the jurisdiction of the department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or to members who are
security hospital treatment assistants under  the  jurisdiction  of  the
office of mental health, as provided by this section, shall be paid from
additional  contributions  made  by the state on account of such member.
The actuary of  the  retirement  system  shall  compute  the  additional
contribution  of  each member who elects to receive the special benefits
provided under this section.  Such  additional  contributions  shall  be
computed on the basis of contributions during the prospective service of
such  member which will cover the liability of the retirement system for
such extra pensions.
  g. In computing the twenty-five years of completed service of a member
in the uniformed personnel in institutions under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  or  of  a  member who is a security hospital treatment assistant
under the jurisdiction of the office of mental  health,  as  hereinafter

S. 2812--C                         186                        A. 4012--C

defined, full credit shall be given and full allowance shall be made for
service  of  such  member in war after world war 1 as defined in section
two of this chapter, provided such member at the  time  of  his  OR  HER
entrance into the armed forces was in state service.
  h. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
  i.  As used in this section, "uniformed persons" or "uniformed person-
nel" in  institutions  under  the  jurisdiction  of  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or "secu-
rity hospital treatment assistants" under the jurisdiction of the office
of mental health mean officers or employees holding the  titles  herein-
after set forth in institutions under the jurisdiction of the department
of  [correctional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or
under  the  jurisdiction  of  the  office  of  mental  health,   namely:
correction  officers,  prison  guards,  correction sergeants, correction
lieutenants, correction captains,  deputy  assistant  superintendent  or
warden,  deputy  warden  or  deputy  superintendent, superintendents and
wardens, assistant director and director of correction reception center,
director of correctional program,  assistant  director  of  correctional
program,  director  of  community correctional center, community correc-
tional center assistant, correction hospital officers, male  or  female,
correction hospital senior officers, correction hospital charge officer,
correction  hospital  supervising  officer, correction hospital security
supervisor, correction hospital chief  officer,  correction  youth  camp
officer, correction youth camp supervisor, assistant supervisor, correc-
tional  camp superintendent, assistant correctional camp superintendent,
director of crisis  intervention  unit,  assistant  director  of  crisis
intervention  unit,  security  hospital  treatment  assistants, security
hospital treatment  assistants  (Spanish  speaking),  security  hospital
senior  treatment  assistants,  security  hospital supervising treatment
assistants and security  hospital  treatment  chiefs.  Previous  service
rendered  under  the titles by which such positions were formerly desig-
nated and previous service rendered  as  a  narcotic  addiction  control
commission  officer shall constitute creditable service. Notwithstanding
any provision of law to the contrary, any employee of the department  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION who became
enrolled  under  this  section  by  reason  of employment as a uniformed
person in an institution under the jurisdiction  of  the  department  of
[correctional  services]  CORRECTIONS AND COMMUNITY SUPERVISION shall be
entitled to full retirement credit for, and full allowance shall be made
under this section for the service  of  such  employee,  not  to  exceed
twelve  years, while assigned to the training academy or central office,
in  the  following  titles,  namely:  correction   officer,   correction
sergeant,   correction   lieutenant,  correction  captain,  correctional
services investigator, senior correctional  services  employee  investi-
gator,  correctional  services  fire and safety coordinator, director of
special housing and inmate disciplinary program, assistant  director  of
special  housing  and  inmate  disciplinary  program, assistant chief of
investigations, director of CERT operations, correctional facility oper-
ations specialist, director of security staffing  project,  correctional
security technical services specialist, assistant commissioner and depu-
ty commissioner.
  j.  Notwithstanding  any  provisions  of subdivision a, b or i of this
section to the contrary, a member who is in the  collective  negotiating
unit  designated  as the security services unit and established pursuant
to article fourteen of the civil service law and who has elected  or  is

S. 2812--C                         187                        A. 4012--C

required to contribute in accordance with this section may, on or before
March  thirty-first, nineteen hundred seventy-three, elect to come under
the provisions of section seventy-five-h of this article. Such  election
shall be duly executed and filed with the comptroller.
  k.  Any member who, on or before the effective date of this provision,
is a security hospital treatment assistant under the jurisdiction of the
office of mental health may, by filing an election within one year after
the effective date of  this  provision,  elect  to  be  subject  to  the
provisions  of this section. Such election shall be in writing, shall be
duly executed and filed with the comptroller and shall be irrevocable.
  S 140. Section 89-n of the retirement  and  social  security  law,  as
added by chapter 573 of the laws of 1991, is amended to read as follows:
  S  89-n. Computation of twenty-five years of service; correction offi-
cers. a. Notwithstanding any inconsistent provision of law, in computing
twenty-five years of completed service by  correction  officers  in  all
counties,  full  credit  shall be given and full allowance shall be made
for service of such member as a correction officer employed by the  city
of  New York, as a uniformed employee in an institution under the juris-
diction of the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY SUPERVISION, as a security hospital assistant under the juris-
diction  of  the  office of mental health, or as a correction officer in
any county in which he or she was eligible to retire  after  twenty-five
years of total creditable service.
  b.  Notwithstanding  any  inconsistent  provision of law, in computing
twenty-five years of completed service  by  state  correction  officers,
full  credit shall be given and full allowance shall be made for service
of such members as a correction officer employed by the city of New York
as a uniformed employee in an institution under the jurisdiction of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, as a security hospital assistant under the jurisdiction  of  the
office  of  mental  health,  or as a correction officer in any county in
which he or she was eligible to retire after twenty-five years of  total
creditable service.
  S 141. Subdivision a of section 444 of the retirement and social secu-
rity  law,  as amended by chapter 625 of the laws of 2007, is amended to
read as follows:
  a. Except as provided in subdivision c of section four hundred  forty-
five-a  of  this  article,  subdivision c of section four hundred forty-
five-b of this article, subdivision c of  section  four  hundred  forty-
five-c   of   this  article,  subdivision  c  of  section  four  hundred
forty-five-d of this article as added by chapter four  hundred  seventy-
two  of  the  laws  of  nineteen  hundred  ninety-five, subdivision c of
section four hundred forty-five-e of  this  article,  subdivision  c  of
section  four  hundred forty-five-f of this article and subdivision c of
section four hundred forty-five-h of this article, the  maximum  retire-
ment benefit computed without optional modification provided to a member
of a retirement system who is subject to the provisions of this article,
other  than  a  police officer, a firefighter, an investigator member of
the New  York  city  employees'  retirement  system,  a  member  of  the
uniformed  personnel  in  institutions under the jurisdiction of the New
York city department of correction who receives a  performance  of  duty
disability  retirement allowance, a member of the uniformed personnel in
institutions under the jurisdiction of the department  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION or a security hospital
treatment assistant, as those terms are  defined  in  subdivision  i  of
section  eighty-nine of this chapter, who receives a performance of duty

S. 2812--C                         188                        A. 4012--C

disability retirement allowance, a  member  of  a  teachers'  retirement
system,  New York city employees' retirement system, New York city board
of education retirement system or a member of the  New  York  state  and
local  employees'  retirement  system  or  a member of the New York city
employees' retirement system or New York city board of education retire-
ment system employed as a special officer, parking  control  specialist,
school  safety agent, campus peace officer, taxi and limousine inspector
or a police communications member and who receives a performance of duty
disability pension, from funds other than those based on a member's  own
or  increased-take-home-pay  contributions,  shall, before any reduction
for early retirement, be sixty per centum of the first fifteen  thousand
three  hundred  dollars of final average salary, and fifty per centum of
final average  salary  in  excess  of  fifteen  thousand  three  hundred
dollars, and forty per centum of final average salary in excess of twen-
ty-seven  thousand  three  hundred  dollars, provided, however, that the
benefits provided by subdivision c of section four hundred  forty-five-d
of this article as added by chapter four hundred seventy-two of the laws
of  nineteen  hundred  ninety-five  based  upon  the  additional  member
contributions required by subdivision d of  such  section  four  hundred
forty-five-d shall be subject to the maximum retirement benefit computa-
tions set forth in this section. The maximum retirement benefit computed
without  optional  modification payable to a police officer, an investi-
gator member of the New York city  employees'  retirement  system  or  a
firefighter  shall equal that payable upon completion of thirty years of
service, except that the maximum  service  retirement  benefit  computed
without  optional  modification shall equal that payable upon completion
of thirty-two years of service.
  S 142. Section 450 of the  retirement  and  social  security  law,  as
amended  by  chapter  489  of  the  laws  of 1998, is amended to read as
follows:
  S 450. Definitions. For the purposes of this  article:  (1)  the  term
"correction  officer" shall mean members of the New York state and local
employees' retirement system who are in  a  plan  limited  to  uniformed
personnel  in  institutions  under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or members
of such system who are also  in  titles  defined  in  subdivision  i  of
section  eighty-nine  of  this chapter and correction members of the New
York city employees' retirement system; (2) the term "police officer  or
firefighter"  shall  mean members of the New York state and local police
and fire retirement system, the New York city police pension  fund,  New
York  city  fire department pension fund, and housing police members and
transit police members  of  the  New  York  city  employees'  retirement
system;  (3)  the term "sanitation man" shall mean sanitation members of
the New York city employees' retirement system; and (4) the term "inves-
tigator member" shall mean members who are police officers as defined in
paragraph (g) of subdivision thirty-four of section 1.20 of the criminal
procedure law.
  S 143. Subdivision c of section 503 of the retirement and social secu-
rity law, as amended by chapter 622 of the laws of 2004, is  amended  to
read as follows:
  c.  A general member shall be eligible for early service retirement at
age fifty-five with five years of credited service. A general member  in
the  uniformed  correction  force  of  the  New  York city department of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion c of section five hundred four-b of this article or  subdivision  c

S. 2812--C                         189                        A. 4012--C

of  section  five hundred four-d of this article, or a general member in
the uniformed personnel in institutions under the  jurisdiction  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter  or  serving  in institutions who is also in a title defined in such
subdivision and who has made an election pursuant to the  provisions  of
article  seventeen  of  this  chapter,  shall also be eligible for early
service retirement after twenty-five years of credited service.
  S 144. Subdivisions d and e of  section  504  of  the  retirement  and
social security law, subdivision d as amended by chapter 622 of the laws
of  2004,  and  subdivision  e  as amended by chapter 578 of the laws of
1989, is amended to read as follows:
  d. The early service retirement benefit for  general  members  in  the
uniformed   correction   force  of  the  New  York  city  department  of
correction, who are not entitled to an early service retirement  benefit
pursuant to subdivision c of section five hundred four-a of this article
or  subdivision  c  of  section  five  hundred four-b of this article or
subdivision c of section five hundred four-d of  this  article,  or  for
general  members  in  the  uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION, as defined in subdivision i of section eight-
y-nine  of  this  chapter,  shall  be a pension equal to one-fiftieth of
final average salary times years of credited service at  the  completion
of  twenty-five  years of service, but not in excess of fifty percent of
final average salary.
  e. The early service retirement benefit  for  uniformed  personnel  in
institutions  under  the jurisdiction of the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, as defined in  subdivi-
sion  i  of  section  eighty-nine  of this chapter, or who are in titles
defined in subdivision i of section eighty-nine of this chapter and  who
have made an election pursuant to the provisions of article seventeen of
this  chapter, shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of  twenty-five
years  of  service,  but not in excess of fifty percent of final average
salary.
  S 145. The opening paragraph of subdivision a of section 507-a of  the
retirement  and  social  security  law, as amended by chapter 578 of the
laws of 1989, is amended to read as follows:
  Application for a disability retirement allowance for a member in  the
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  of New York state as defined in subdivision i of section eighty-
nine of this chapter or for a member serving in institutions who is also
in a title defined in such subdivision and  who  has  made  an  election
pursuant  to  the provisions of article seventeen of this chapter or the
New York city department of correction may be made by:
  S 146. Subdivision a of section 507-b of  the  retirement  and  social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those  terms are defined in subdivision i of section eighty-nine of this
chapter, who  becomes  physically  or  mentally  incapacitated  for  the
performance  of duties as the natural and proximate result of an injury,
sustained in the performance or discharge of his or her duties by, or as

S. 2812--C                         190                        A. 4012--C

a natural and proximate result of, an act of any inmate  or  any  person
confined  in  an institution under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or  office
of mental health, or by any person who has been committed to such insti-
tution  by  any  court  shall  be  paid a performance of duty disability
retirement allowance equal to that which is provided in  section  sixty-
three  of  this chapter, subject to the provisions of section sixty-four
of this chapter.
  S 147. Subdivision f of section 511 of the retirement and social secu-
rity law, as amended by chapter 667 of the laws of 1996, is  amended  to
read as follows:
  f.  This  section  shall not apply to general members in the uniformed
correction force of the New York city department  of  correction  or  to
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  and  security  hospital treatment assistants, as those terms are
defined in subdivision i of section eighty-nine of this chapter.
  S 148. Subdivisions b and d of  section  516  of  the  retirement  and
social security law, subdivision b as amended by chapter 174 of the laws
of 1989 and subdivision d as amended by chapter 622 of the laws of 2004,
is amended to read as follows:
  b.  The deferred vested benefit of general members, except for general
members in the uniformed correction force of the New York  city  depart-
ment  of  correction  or  uniformed  personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY SUPERVISION as defined in subdivision i of section eight-
y-nine of this chapter, with twenty or more years  of  credited  service
shall be a pension commencing at normal retirement age equal to one-fif-
tieth  of  final  average salary times years of credited service, not in
excess of thirty years, less fifty percent of the primary social securi-
ty retirement benefit, as provided in section  five  hundred  eleven  of
this article. The deferred vested benefit of general members, except for
general  members  in the uniformed correction force of the New York city
department of correction or uniformed personnel  in  institutions  under
the   jurisdiction   of   the   department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION as defined  in  subdivision  i  of
section  eighty-nine  of  this  chapter,  with less than twenty years of
credited service shall be a pension commencing at normal retirement  age
equal  to  one-sixtieth  of final average salary times years of credited
service, less fifty percent of the primary  social  security  retirement
benefit,  as  provided  in  section five hundred eleven of this article.
Such deferred vested benefit may be paid in the form of an early service
retirement benefit, or may be postponed until  after  normal  retirement
age,  in  which  event the benefit will be subject to reduction or esca-
lation as provided in subdivision c of section five hundred four of this
article.
  d. The deferred vested benefit of general  members  in  the  uniformed
correction  force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision  d  of  section
five  hundred  four-b  of this article or under subdivision d of section
five hundred four-d of this  article,  or  of  general  members  in  the
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter,  with  twenty  or more years of credited service shall be a pension

S. 2812--C                         191                        A. 4012--C

commencing at normal retirement age equal to one-fiftieth of final aver-
age salary times years of credited service,  not  in  excess  of  thirty
years.  The  deferred vested benefit of general members in the uniformed
correction  force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision  d  of  section
five  hundred  four-b  of this article or under subdivision d of section
five hundred four-d of this  article,  or  of  general  members  in  the
uniformed personnel in institutions under jurisdiction of the department
of  [correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, as
defined in subdivision i of section eighty-nine of  this  chapter,  with
less than twenty years of credited service shall be a pension commencing
at  normal  retirement age equal to one-sixtieth of final average salary
times years of credited service. Such deferred  vested  benefit  may  be
paid in the form of an early service retirement benefit, or may be post-
poned until after normal retirement age, in which event the benefit will
be  subject  to  reduction or escalation as provided in subdivision c of
section five hundred four of this article.
  S 149. Paragraph 2 of subdivision a of section 600 of  the  retirement
and  social security law, as amended by chapter 421 of the laws of 2006,
is amended to read as follows:
  2. (a) Members in the uniformed personnel in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION of New York state, other than certain  persons
as  defined  in  this  section  or  the  New  York  city  department  of
correction.
  (b) For purposes of this paragraph, certain persons means either:
  (i) a person who is appointed to the title of superintendent, who  has
had  at least seven years of service credited toward the retirement plan
established pursuant to this article while employed by the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  and  who
elects  the  retirement plan established pursuant to this article within
ninety days of his or her appointment.  Such election shall be in  writ-
ing,  shall be duly executed and filed with the comptroller and shall be
irrevocable as long as such person is in the title of superintendent; or
  (ii) a person who serves in the title of superintendent  as  of  April
first,  two  thousand  six,  who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of [correctional services]  CORRECTIONS
AND COMMUNITY SUPERVISION and who elects the retirement plan established
pursuant  to this article on or before September thirtieth, two thousand
six. Such election shall be in writing, shall be duly executed and filed
with the comptroller and shall be irrevocable as long as such person  is
in the title of superintendent.
  (c)  Any person in the title of superintendent who is eligible to make
an election as described in this section but  who  does  not  make  such
election,  shall  remain  a  member  of the retirement plan that persons
appointed to the title of superintendent join who do not meet the  above
criteria.
  S  150.  Subdivision  8  of  section 20 of the social services law, as
added by chapter 568 of the laws of 2008, is amended to read as follows:
  8. (a) The office of temporary and disability assistance shall promul-
gate rules and regulations for the administration of  this  subdivision.
The  rules  and regulations shall provide for the conditions under which
local social services officials determine the  placement  of  applicants
for  and  recipients  of public assistance for whom a notice pursuant to

S. 2812--C                         192                        A. 4012--C

[subdivision sixteen of] section two hundred [fifty-nine-c] THREE of the
[executive] CORRECTION law, has been received and who are:
  (i) determined to be in immediate need of shelter; and
  (ii)  designated  a  level two or level three sex offender pursuant to
article six-C of the correction law.
  (b) When making determinations in regard  to  the  placement  of  such
individuals  in  shelter, local social services officials shall consider
the following factors:
  (i) the location of other sex offenders required to register  pursuant
to  the  sex  offender registration act, specifically whether there is a
concentration of registered sex offenders in a certain residential  area
or municipality;
  (ii)  the  number of registered sex offenders residing at a particular
property;
  (iii) proximity of the entities with vulnerable populations;
  (iv) accessibility to family  members,  friends  or  other  supportive
services,  including  but  not limited to locally available sex offender
treatment programs with preference for  placement  of  such  individuals
into  programs  that  have  demonstrated  effectiveness  in reducing sex
offender recidivism and increasing public safety; and
  (v) investigation and approval of such placement by the  [state  divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  S  151.  Paragraph  (g)  of  subdivision 5 of section 62 of the social
services law, as added by chapter 55 of the laws of 1992, is amended  to
read as follows:
  (g)  (1)  When  a person applies for medical parole, and is in need of
public assistance,  including  medical  assistance,  the  department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION shall
cause an application for such assistance to be forwarded to the  depart-
ment of social services.
  (2)  Upon  receipt  of an application for public assistance, including
medical assistance, forwarded by the [state] department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for persons meeting  the
conditions  of medical parole, financial eligibility for such assistance
and care shall be determined by the New York state department of  social
services prior to the person's parole.
  (3)  Determination  of  continuing  eligibility for public assistance,
including medical assistance, and care will be the responsibility of the
social services district into which such person is released.
  (4) Any inconsistent provision of this chapter or other  law  notwith-
standing,  when  a  person  is  released  on  medical parole pursuant to
section two hundred fifty-nine-r OR  TWO  HUNDRED  FIFTY-NINE-S  of  the
executive  law  and  is  in need of public assistance, including medical
assistance, the social  services  district  in  which  such  person  was
convicted  and  from which he or she was committed to the custody of the
[state] department of [correctional services] CORRECTIONS AND  COMMUNITY
SUPERVISION  shall  be  responsible  for the administrative costs of the
initial and any subsequent eligibility determination and  the  costs  of
any  public  assistance,  including  medical  assistance, following such
persons release on medical parole for so long as such person is eligible
therefor.
  S 152. Subdivision 14 of section 131 of the social  services  law,  as
added  by  section  11  of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  14. (a) Notwithstanding any provision of this chapter or other law  to
the  contrary, no public assistance shall be given to any individual who

S. 2812--C                         193                        A. 4012--C

is (i) fleeing to avoid prosecution or custody or conviction  under  the
laws  of  the  place  from which the individual flees for a crime, or an
attempt to commit a crime, which is a felony under the laws of the place
from  which  the  individual flees or which, in the case of the state of
New Jersey, is a high misdemeanor under the laws of such state  or  (ii)
violating  a  condition  of probation or parole imposed under federal or
state law.
  (b) For purposes of this section, if and to the  extent  permitted  by
federal law, a person shall be considered to be violating a condition of
probation or parole only if:
  (i)  he  or  she  is  currently  an absconder from probation or parole
supervision and a warrant alleging such a violation is outstanding; or
  (ii) he or she has  been  found  by  judicial  determination  to  have
violated probation or by administrative adjudication by the [division of
parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION to have
violated parole.
  Such person shall  be  considered  to  be  violating  a  condition  of
probation  or  parole  only  until he or she is restored to probation or
parole supervision or released from custody, or until the expiration  of
the  person's  maximum  period of imprisonment or supervision, whichever
occurs first.
  (c) A person considered to be violating a condition  of  probation  or
parole  under  this  section  shall  include a person who is violating a
condition of probation or parole imposed under federal law.
  (d) For purposes of this section, probation or  parole  shall  include
conditional release, wherever applicable.
  S  153.  Subparagraph (k) of paragraph (A) of subdivision 4 of section
422 of the social services law, as amended by chapter 12 of the laws  of
1996, is amended to read as follows:
  (k)  a probation service conducting an investigation pursuant to arti-
cle three or seven or section six  hundred  fifty-three  of  the  family
court  act  where  there  is  reason to suspect the child or the child's
sibling may have been abused or maltreated and such  child  or  sibling,
parent,  guardian or other person legally responsible for the child is a
person named in an indicated report of child abuse or  maltreatment  and
that  such information is necessary for the making of a determination or
recommendation to the court; or a probation service regarding  a  person
about  whom  it is conducting an investigation pursuant to article three
hundred ninety of the criminal procedure law, or a probation service  or
the  [state  division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION regarding a person to whom the service or [division] DEPART-
MENT is providing supervision pursuant to article sixty of the penal law
or [section two hundred fifty-nine-a of the executive law] ARTICLE EIGHT
OF THE CORRECTION LAW, where the subject of investigation or supervision
has been convicted of a felony under article  one  hundred  twenty,  one
hundred  twenty-five  or one hundred thirty-five of the penal law or any
felony or misdemeanor under article  one  hundred  thirty,  two  hundred
thirty-five,  two  hundred  forty-five, two hundred sixty or two hundred
sixty-three of the penal law, or has been indicted for any  such  felony
and,  as  a  result,  has been convicted of a crime under the penal law,
where the service or [division] DEPARTMENT requests the information upon
a certification that such information is necessary to conduct its inves-
tigation, that there is reasonable cause to believe that the subject  of
an investigation is the subject of an indicated report and that there is
reasonable  cause  to  believe  that  such  records are necessary to the
investigation by the probation service or the [state division of parole]

S. 2812--C                         194                        A. 4012--C

DEPARTMENT, provided, however, that  only  indicated  reports  shall  be
furnished pursuant to this subdivision;
  S  154. Subdivision 11 of section 460-d of the social services law, as
amended by section 42 of part B of chapter 58 of the laws  of  2004,  is
amended to read as follows:
  11.  On or before issuance by the department to an adult care facility
operator of official written notice of: the proposed revocation, suspen-
sion or denial of the operator's operating certificate;  the  limitation
of  the  operating certificate with respect to new admissions; the issu-
ance of a department order or commissioner's order; the seeking of equi-
table relief pursuant to this section; the proposed assessment of  civil
penalties  for violations of the provisions of subparagraph two of para-
graph (b) of subdivision seven of this section or placement on  the  "do
not refer list" pursuant to subdivision fifteen of this section, written
notice  also  shall be given to the appropriate office of the department
of mental hygiene, department of [correctional services, state  division
of  parole]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  and  local social
services districts, and provided further that the department  of  health
shall notify hospitals in the locality in which such facility is located
that  such  notice  has been issued. Upon resolution of such enforcement
action the department shall notify the appropriate office of the depart-
ment of mental hygiene,  department  of  [correctional  services,  state
division  of parole] CORRECTIONS AND COMMUNITY SUPERVISION, local social
services districts and hospitals.
  S 155. Subdivision 1 of section 102 of the state administrative proce-
dure act, as amended by chapter 635 of the laws of 1995, is  amended  to
read as follows:
  1. "Agency" means any department, board, bureau, commission, division,
office,  council, committee or officer of the state, or a public benefit
corporation or public  authority  at  least  one  of  whose  members  is
appointed  by  the  governor, authorized by law to make rules or to make
final decisions in adjudicatory proceedings but shall  not  include  the
governor,  agencies  in  the legislative and judicial branches, agencies
created by interstate compact or international agreement,  the  division
of  military  and naval affairs to the extent it exercises its responsi-
bility for military and naval affairs, the division of state police, the
identification and intelligence unit of the division of criminal justice
services, the state insurance fund, the  unemployment  insurance  appeal
board, and except for purposes of subdivision one of section two hundred
two-d  of  this  chapter, the workers' compensation board and except for
purposes of article two of this chapter, the [state division  of  parole
and the] department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION.
  S  156. Subdivision 12 of section 8 of the state finance law, as sepa-
rately amended by chapters 305 and 477 of the laws of 1985,  is  amended
to read as follows:
  12.  Notwithstanding any inconsistent provision of the court of claims
act, examine, audit and certify for  payment  any  claim  submitted  and
approved  by  the  head  of  any institution in the department of mental
hygiene, the  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  the  department  of health or the [division for
youth] OFFICE OF CHILDREN AND  FAMILY  SERVICES  for  personal  property
damaged  or destroyed by any inmate thereof, or for personal property of
an employee damaged or destroyed without fault on his part, by a fire in
said institution; or any claim submitted and approved by the head of any
institution in the department of mental hygiene  or  the  [division  for

S. 2812--C                         195                        A. 4012--C

youth] OFFICE OF CHILDREN AND FAMILY SERVICES for real or personal prop-
erty damaged or destroyed or for personal injuries caused by any patient
during thirty days from the date of his escape from such institution; or
any  claim  submitted  and  approved  by  the  [chairman of the board of
parole] COMMISSIONER OF THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  for  personal  property of an employee damaged or destroyed
without fault on his part as a result of actions unique to the  perform-
ance  of  his  official  duties in accordance with rules and regulations
promulgated  by  the  [chairman]  COMMISSIONER  OF  THE  DEPARTMENT   OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  with the approval of the comp-
troller; or any claim submitted and approved by the chief  administrator
of  the  courts  for  personal  property  of any judge or justice of the
unified court system or of any nonjudicial officer or  employee  thereof
damaged  or destroyed, without fault on his part, by any party, witness,
juror or bystander to court proceedings, provided no such claim  may  be
certified  for  payment to a nonjudicial officer or employee who is in a
collective negotiating unit until the chief administrator shall  deliver
to the comptroller a certificate that there is in effect with respect to
such negotiating unit a written collective bargaining agreement with the
state  pursuant  to  article  fourteen  of  the  civil service law which
provides therefor; or any claim submitted and  approved  by  the  super-
intendent of state police for personal property of a member of the state
police  damaged  or  destroyed  without fault on his part as a result of
actions unique to the performance of police duties  in  accordance  with
rules  and  regulations  promulgated  by  the  superintendent  with  the
approval of the comptroller; or any claim submitted and approved by  the
head  of  a  state department or agency having employees in the security
services unit or the security supervisors unit for personal property  of
a member of such units damaged or destroyed without fault on his part as
a  result of actions unique to the performance of law enforcement duties
in accordance with rules and regulations promulgated by  the  department
or  agency  head,  after  consultation  with  the  employee organization
representing such units and with the approval  of  the  comptroller  and
payment  of  any  such  claim  shall not exceed the sum of three hundred
fifty dollars. Where an agreement between  the  state  and  an  employee
organization  reached  pursuant to the provisions of article fourteen of
the civil service law provides for payments to be made to  employees  by
an  institution,  such payments for claims not in excess of seventy-five
dollars, or one hundred fifty dollars if otherwise provided  in  accord-
ance  with  the  terms  of such agreement, may be made from a petty cash
account established pursuant to section  one  hundred  fifteen  of  this
chapter, and in the manner prescribed therein.
  S  157.  Subdivision  12-g  of  section 8 of the state finance law, as
amended by section 37 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  12-g.  Notwithstanding  any other provision of the court of claims act
or any other law to the contrary, thirty  days  before  the  comptroller
issues  a check for payment to an inmate serving a sentence of imprison-
ment with the [state] department of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION or to a prisoner confined at a local correc-
tional facility for any reason, including a payment made in satisfaction
of any damage award in connection with any  lawsuit  brought  by  or  on
behalf  of  such  inmate  or  prisoner  against  the state or any of its
employees in federal court or any other  court,  the  comptroller  shall
give  written notice, if required pursuant to subdivision two of section
six hundred thirty-two-a of the executive law, to the office  of  victim

S. 2812--C                         196                        A. 4012--C

services  that  such payment shall be made thirty days after the date of
such notice.
  S 158. Subparagraph 4 of paragraph a of subdivision 1 of section 54 of
the  state  finance law, as added by chapter 430 of the laws of 1997, is
amended to read as follows:
  (4) Population excludes the reservation and school  Indian  population
and  inmates of [state] institutions under the direction, supervision or
control of the state department of [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION and the state department of mental hygiene and
the  inmates of state institutions operated and maintained by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 159. Subdivisions 3 and 4 of section 97-cc of the state finance law,
as added by chapter 338 of the laws of 1989,  are  amended  to  read  as
follows:
  3. Moneys within the rehabilitative alcohol and substance abuse treat-
ment fund, upon appropriation by the legislature, shall be available [to
the division of parole and] to the department of [correctional services]
CORRECTIONS  AND  COMMUNITY SUPERVISION for the operation of alcohol and
substance  abuse  treatment  facilities,  alcohol  and  substance  abuse
correctional  annexes  and  residential treatment facilities, including,
but not limited to, the payment of private  sector  treatment  providers
and  for  providing  alcohol  and  substance abuse treatment services to
persons  under  the  supervision  of  the   [division]   DEPARTMENT   OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  4.  Moneys, shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by  the  commissioner
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 160. Section 97-ooo of the state finance law, as added by section 10
of  part  B  of  chapter  57  of the laws of 1998, is amended to read as
follows:
  S 97-ooo.  [Division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION asset forfeiture account. 1. There is hereby  established
in  the  joint  custody  of  the  state comptroller and the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  a  special
account within the miscellaneous special revenue fund to be known as the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
asset  forfeiture account. Such account shall consist, subject to neces-
sary federal approval, of moneys received by the  [division  of  parole]
DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION through the equita-
ble sharing that is authorized in federal forfeiture actions.
  2. The moneys of the account shall be available for purposes of devel-
oping additional resources such as, but not limited to, obtaining equip-
ment, establishing training programs, or accessing  existing  technology
or databases.
  3. The [chairman of the board] COMMISSIONER of [parole] THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION shall report to the commission-
er  of  the  division  of criminal justice services, the director of the
budget, the chairman of the senate finance committee and the chairman of
the assembly ways and means committee by October first, nineteen hundred
ninety-eight and every six months thereafter, on the source and  amounts
of  moneys  in  the  account.  Such  report shall describe the amount of
moneys received by the federal government and the [division  of  parole]
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  from the joint
activities of the [division]  DEPARTMENT  and  federal  law  enforcement
agencies,  the  law  enforcement activities which led to such forfeiture
and the value of the assets so seized.

S. 2812--C                         197                        A. 4012--C

  4. The moneys of such account shall be made available on the audit and
warrant of the comptroller on vouchers  certified  or  approved  by  the
[chairman]   COMMISSIONER   of  the  [board  of  parole]  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  S  161. Paragraphs (a) and (b) of subdivision 3 of section 99-m of the
state finance law, as added by section 2 of part E of chapter 56 of  the
laws of 2005, are amended to read as follows:
  (a) An individual or entity ("administrator"), appointed by the gover-
nor  in  consultation  with  the  temporary president of the senate, the
speaker of the assembly,  and  representatives  of  eligible  claimants,
shall  develop  the  compensation payment plan. Such administrator shall
not be entitled to salary or remuneration for his/her services; however,
reasonable expenses directly connected to the conduct of the administra-
tor's duties shall be  paid  through  the  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  (b)  The  administrator shall receive from each claimant an accounting
of the injuries suffered by the state employee victim during the  course
of the Attica riots. The administrator shall determine and promulgate to
potential  claimants  through  the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION the means and dates by which  said
accountings of injuries shall be submitted and determined. To the extent
any  inconsistency  or  discrepancy  in accounts of injuries suffered is
identified, the administrator  may  rely  upon  the  assistance  of  the
report,  research, and documentation regarding the Attica riots compiled
by the Attica task force created in March of two thousand one.
  S 162. Section 125 of the state finance law, as amended by chapter  37
of the laws of 1962, is amended to read as follows:
  S  125.  Fiscal  supervision of certain institutions.  Notwithstanding
any other provision of law relative to the supervision  and  control  by
departments  of  any  of  the  institutions  under  the jurisdiction and
control of the [department of social welfare] OFFICE  OF  TEMPORARY  AND
DISABILITY  ASSISTANCE,  the  department  of  health,  the department of
mental hygiene and the department of [correction] CORRECTIONS AND COMMU-
NITY SUPERVISION on the first day of January, nineteen  hundred  thirty-
nine and of any institution which shall hereafter be under the jurisdic-
tion  of  such  departments,  such  department shall have the powers and
duties prescribed by this article with respect to such institution. This
section shall not impair or affect the powers  of  the  commissioner  of
general  services under the provisions of article eleven of this chapter
with respect to estimates made pursuant to this section so far  as  they
constitute a requisition for material, equipment or supplies.
  S  163.  Subdivision  1  of  section  128 of the state finance law, as
amended by chapter 471 of the laws  of  1980,  is  amended  to  read  as
follows:
  1.  Any  personal  property,  and  any interest or increments accruing
thereon, belonging or credited to a person in any institution under  the
jurisdiction  of  the [department of social services] OFFICE OF CHILDREN
AND FAMILY SERVICES, the department of health, the department of  mental
hygiene,  the  executive  department, or the department of [correctional
services] CORRECTIONS AND COMMUNITY  SUPERVISION  who  shall  have  been
discharged  from  such  institution  or  who  shall have died or escaped
before discharge or before termination of  sentence,  which  is  in  the
custody  of  the proper officer of such institution, shall, if unclaimed
by such discharged or escaped person or by the legal  representative  of
such  deceased  person  for  a period of six months after the discharge,
decease or escape of such person, be fully inventoried  and  a  copy  of

S. 2812--C                         198                        A. 4012--C

such  inventory  shall be filed with the commissioner of such department
having jurisdiction over such  institution  and  with  the  state  comp-
troller.
  S 164. Paragraph a of subdivision 2, paragraphs a and b of subdivision
3,  subparagraph  (i) of paragraph a of subdivision 4, subdivision 5 and
paragraphs a and d of subdivision 6 of section 162 of the state  finance
law,  as  added  by  chapter  83  of the laws of 1995 and paragraph a of
subdivision 2 as amended by chapter 501 of the laws of 2002, are amended
to read as follows:
  a. Commodities produced by the [department of correctional  services']
correctional  industries  program  OF  THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION and provided to the state pursuant to  subdivision
two of section one hundred eighty-four of the correction law;
  [fa]  A.   By December thirty-first, nineteen hundred ninety-five, the
commissioner, in consultation with the  commissioners  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION, [social services] THE
OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  OFFICE  OF  TEMPORARY  AND
DISABILITY ASSISTANCE, mental health and education, shall prepare a list
of  all  commodities  and  services  that  are  available  and are being
provided as of said date, for purchase by state agencies, public benefit
corporations or political  subdivisions  from  those  entities  accorded
preference  or priority status under this section. Such list may include
references to catalogs and other descriptive literature which are avail-
able directly from any provider accorded  preferred  status  under  this
section.  The commissioner shall make this list available to prospective
vendors, state agencies, public benefit corporations, political subdivi-
sions and other interested parties.  Thereafter,  new  or  substantially
different  commodities  or  services  may  only  be  made  available  by
preferred sources for purchase by more than  one  state  agency,  public
benefit  corporation  or  political  subdivision  after addition to said
list.
  b. After January first, nineteen hundred ninety-six, upon the applica-
tion of the commissioner  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION, the commissioner of [social services] THE OFFICE
OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND  DISABILITY
ASSISTANCE,  the  commissioner  of  mental health or the commissioner of
education, or a non-profit-making facilitating agency designated by  one
of  the said commissioners pursuant to paragraph e of subdivision six of
this section, the state  procurement  council  may  recommend  that  the
commissioner:  (i)  add  commodities or services to, or (ii) in order to
insure that such list reflects current production and/or availability of
commodities and services, delete at the request of a  preferred  source,
commodities  or  services  from,  the list established by paragraph a of
this subdivision. The council may make a non-binding  recommendation  to
the relevant preferred source to delete a commodity or service from such
list. Additions may be made only for new services or commodities, or for
services  or  commodities  that  are  substantially different from those
reflected on said list for that provider. The decision to recommend  the
addition  of  services  or  commodities  shall be based upon a review of
relevant factors as determined by the council including costs and  bene-
fits  to  be derived from such addition and shall include an analysis by
the office of general services conducted pursuant to subdivision six  of
this  section.  Unless the state procurement council shall make a recom-
mendation to the commissioner on any such application within one hundred
twenty days of receipt thereof, such application shall be deemed  recom-
mended.  In  the event that the state procurement council shall deny any

S. 2812--C                         199                        A. 4012--C

such application, the commissioner  or  non-profit-making  agency  which
submitted  such  application  may,  within  thirty  days of such denial,
appeal such denial to the commissioner of  general  services  who  shall
review  all  materials  submitted  to the state procurement council with
respect to such application and who may request such further information
or material as is deemed necessary. Within sixty days of receipt of  all
information or materials deemed necessary, the commissioner shall render
a  written final decision on the application which shall be binding upon
the applicant and upon the state procurement council.
  (i) When commodities are available, in the form, function and  utility
required by a state agency, public authority, commission, public benefit
corporation or political subdivision, said commodities must be purchased
first  from  the  [department  of  correctional  services'] correctional
industries program OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION;
  5.  Prices  charged  by  the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION.   The prices to be charged for
commodities produced  by  the  [department  of  correctional  services']
correctional  industries  program  OF  THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION  shall  be  established  by  the  commissioner  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION in accord-
ance with section one hundred eighty-six of the correction law.
  a.  The  prices  established  by  the  commissioner  of  [correctional
services] CORRECTIONS AND COMMUNITY  SUPERVISION  shall  be  based  upon
costs as determined pursuant to this subdivision, but shall not exceed a
reasonable  fair market price determined at or within ninety days before
the time of sale. Fair market price as used herein means  the  price  at
which a vendor of the same or similar product or service who is regular-
ly  engaged in the business of selling such product or service offers to
sell such product or service under similar terms  in  the  same  market.
Costs  shall  be  determined in accordance with an agreement between the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and the director of the budget.
  b. A purchaser of any such product or service may, at any  time  prior
to  or within thirty days of the time of sale, appeal the purchase price
in accordance with section one hundred eighty-six of the correction law,
on the basis that it unreasonably exceeds fair  market  price.  Such  an
appeal  shall  be  decided  by  a  majority vote of a three-member price
review board consisting of the director of the budget, the  commissioner
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION and the
commissioner  or their representatives. The decision of the review board
shall be final.
  a. Except with respect to the [department of  correctional  services']
correctional  industries  program  OF  THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, it shall be  the  duty  of  the  commissioner  to
determine,  and  from time to time review, the prices of all commodities
and to approve the price of all services provided by  preferred  sources
as specified in this section offered to state agencies, political subdi-
visions  or  public  benefit  corporations  having  their own purchasing
office.
  d. Such qualified charitable non-profit-making agencies for the  blind
and  other  severely disabled may make purchases of materials, equipment
and supplies [from the department of correctional services' correctional
industries program,] directly from the correctional  industries  program
administered  by the commissioner of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION, subject to such rules as may  be  established

S. 2812--C                         200                        A. 4012--C

from  time  to  time  pursuant  to the correction law; provided that the
qualified charitable non-profit-making agency for  the  blind  or  other
severely  disabled  shall accept sole responsibility for any payment due
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION.
  S 165. Subparagraph (viii) of paragraph a of subdivision 3 of  section
163  of  the  state  finance  law, as added by chapter 83 of the laws of
1995, is amended to read as follows:
  (viii) The commissioner may permit and prescribe the  conditions  for,
(A)  any  association, consortium or group of privately owned or munici-
pal, federal or state owned  or  operated  hospitals,  medical  schools,
other  health  related facilities or voluntary ambulance services, which
have entered into a contract and made mutual arrangements for the  joint
purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf  or  of  the  blind  listed in section forty-two hundred one of the
education law; (C) any qualified non-profit-making agency for the  blind
approved by the commissioner of [social services] THE OFFICE OF CHILDREN
AND   FAMILY   SERVICES  OR  THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE; (D) any qualified charitable  non-profit-making  agency  for
the severely disabled approved by the commissioner of education; (E) any
hospital or residential health care facility as defined in section twen-
ty-eight  hundred one of the public health law; (F) any private not-for-
profit mental hygiene facility as defined in section 1.03 of the  mental
hygiene  law; and (G) any public authority or public benefit corporation
of the state, including the port authority of New York  and  New  Jersey
and  the  interstate  environmental  commission, to make purchases using
centralized contracts for commodities. Such qualified  non-profit-making
agencies for the blind and severely disabled may make purchases from the
[department  of  correctional services'] correctional industries program
OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  subject  to
rules pursuant to the correction law.
  S  166. Section 401 of the state technology law, as added by section 1
of part E of chapter 1 of the laws of 2004, and as renumbered by chapter
741 of the laws of 2005, is amended to read as follows:
  S 401. Statewide wireless network advisory council.  There  is  hereby
established  within  the  office  for  technology  a  statewide wireless
network advisory council. The advisory council shall consist of  twenty-
seven  members. The governor shall appoint two members and the temporary
president of the senate and the  speaker  of  the  assembly  shall  each
appoint  four  members.  One of the governor's appointments and three of
the appointments of the temporary president of the  senate  and  of  the
speaker  of  the  assembly  shall be a member, officer, or employee of a
first responder organization that serves a  municipal  corporation.  One
each of the appointments of the temporary president of the senate and of
the  speaker  of  the  assembly  shall possess expertise in the field of
communications technology but no appointee shall be the  owner,  princi-
pal,  or employee of an entity that has a contract with the state of New
York or that vends communications products to any state or local govern-
ment. An organization shall be considered a first responder organization
if it provides policing, firefighting, or emergency medical services, as
defined in subdivision eleven  of  section  three  hundred  two  of  the
retirement  and  social  security  law,  subdivision  two of section one
hundred of the general municipal  law,  subdivisions  one,  two,  three,
four,  five,  six, and seven of section three thousand one of the public
health law, and section six hundred fifty of the county  law.  In  addi-

S. 2812--C                         201                        A. 4012--C

tion,  the  temporary  president  of  the  senate and the speaker of the
assembly shall each designate one member of their respective  houses  to
serve  on  the advisory council. Ex officio members of the council shall
be  the  director of the office of homeland security, the superintendent
of the state police, the director of  the  office  for  technology,  the
commissioner  of  the  department  of  health,  the  commissioner of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  the  commissioner  of  the  department  of  transportation, the
commissioner of the department of environmental conservation, the chair-
person of the thruway authority, the state  fire  administrator  of  the
office of fire prevention and control, the chief judge of the state, the
commissioner  of  the  division of criminal justice services, the chair-
person of the metropolitan transportation authority, a designee  of  the
law enforcement council and the designee of the mayor of the city of New
York,  or  their  designees.  The  chief information officer of New York
state shall be the chair of the advisory council.
  S 167. Section 2222-a of  the  surrogate's  court  procedure  act,  as
amended  by section 45 of part A-1 of chapter 56 of the laws of 2010, is
amended to read as follows:
S 2222-a. Notice of legacy or distributive share payable  to  inmate  or
               prisoner
  Where  the  legatee, distributee or beneficiary is an inmate serving a
sentence of imprisonment with  the  state  department  of  [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION or a prisoner confined
at a local correctional facility, the court shall  give  prompt  written
notice  to  the  office  of victim services, and at the same time direct
that no payment be made to such inmate or prisoner for a period of thir-
ty days following the date of entry of the order containing such  direc-
tion.
  S  168.  Subdivision  (d)  of  section 484 of the tax law, as added by
chapter 860 of the laws of 1987, is amended to read as follows:
  (d) The provisions of this article shall not be applicable to any sale
as to which the tax imposed by section four hundred seventy-one of  this
chapter is not applicable or to a sale to the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION of this state for
sale to or use by inmates in institutions under the jurisdiction of such
department.
  S 169. Subdivision (c) of section 1846 of the tax  law,  as  added  by
chapter 65 of the laws of 1985, is amended to read as follows:
  (c) In the alternative, if the tax commission concludes that any ciga-
rettes  seized  pursuant  to  this section, when offered at public sale,
will bring a price less than the reasonably estimated  price  which  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION would have to pay for the purchase of such cigarettes for sale to
or use by inmates in institutions under the jurisdiction of such depart-
ment, the tax commission may dispose of such cigarettes by  transferring
them to the department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION for sale to or use by inmates in such institutions.
  S  170.  Subdivision (c) of section 1846-a of the tax law, as added by
chapter 61 of the laws of 1989, is amended to read as follows:
  (c) In the alternative, if the commissioner concludes that any tobacco
products seized pursuant to this section, when offered at  public  sale,
will  bring  a  price less than the reasonably estimated price which the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  would  have to pay for the purchase of such tobacco products for
sale to or use by inmates in institutions under the jurisdiction of such

S. 2812--C                         202                        A. 4012--C

department, the commissioner may dispose of  such  tobacco  products  by
transferring   them   to   the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION for sale to or use by  inmates  in
such institutions.
  S  171.  Section  25-a of the town law, as added by chapter 295 of the
laws of 1949, is amended to read as follows:
  S 25-a. Fingerprints of persons before appointment as town  policemen,
or  as constables possessing powers in criminal matters. No person shall
be appointed or reappointed a member of  the  police  department,  or  a
special  policeman,  or  a constable not limited to powers and duties in
civil actions and proceedings only, in any town, who shall not previous-
ly, for the purposes of this section, have  submitted  fingerprints  [of
his  two  hands]  IN  THE  FORM AND MANNER PRESCRIBED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES to the town board or other board or officer of
the town empowered by law to make such appointment or reappointment, and
it shall be the duty of  such  board  or  officer,  before  making  such
appointment  or  reappointment,  to compare or cause to be compared such
fingerprints with fingerprints  filed  with  the  division  of  criminal
[identification of the state department of correction] JUSTICE SERVICES;
provided,  however,  that in any case where the fingerprints of any such
person shall once have been submitted pursuant to this section  and  are
on  file  with the board empowered to make the appointment or reappoint-
ment, no new submission thereof shall be required, nor shall such  board
be  required to make or cause to be made such comparison if such compar-
ison shall have been  made  previously  pursuant  to  this  section  and
certification thereof by such department is on file with such board.
  S  172.  Section  109-a  of the vehicle and traffic law, as amended by
chapter 370 of the laws of 2000, is amended to read as follows:
  S 109-a. Correction vehicle. Every vehicle operated in the city of New
York by the New York city department of correction or the New York state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION while engaged in an emergency operation.
  S  173.  Subdivision 3 of section 10 of the workers' compensation law,
as amended by chapter 244 of the laws of 2002, is  amended  to  read  as
follows:
  3.  Notwithstanding  any  other  provisions  of  this chapter, where a
public safety worker, including but not limited to a firefighter,  emer-
gency  medical  technician, police officer, correction officer, civilian
employee of the department of corrections AND COMMUNITY  SUPERVISION  or
other person employed by the state to work within a correctional facili-
ty  maintained  by the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION, driver and medical observer, in the course of
performing his or her duties, is exposed to the blood  or  other  bodily
fluids  of  another  individual or individuals, the executive officer of
the appropriate ambulance, fire or police district  may  authorize  such
public safety worker to obtain the care and treatment, including diagno-
sis,  recommended  medicine  and  other medical care needed to ascertain
whether such individual was exposed to or  contracted  any  communicable
disease  and  such care and treatment shall be the responsibility of the
insurance carrier of the appropriate ambulance, fire or police  district
or,  if  a  public  safety  worker  was  not so exposed in the course of
performing his or her duties for such a district, then such person shall
be covered for the treatment provided for in  this  subdivision  by  the
carrier  of  his or her employer when such person is acting in the scope
of his or her employment. For the purpose of this subdivision, the  term
"public  safety worker" shall include persons who act for payment or who

S. 2812--C                         203                        A. 4012--C

act as volunteers in an organized group such as a rescue  squad,  police
department,  correctional facility, ambulance corps, fire department, or
fire company.
  S 174. This act shall take effect immediately, provided that:
  1.  the  amendments  to  section  72-a  of  the correction law made by
section seven of this act  shall  not  affect  the  expiration  of  such
section and shall expire and be deemed repealed therewith;
  2.  the amendments to section 91 of the correction law made by section
ten of this act shall take effect on the same date as the  reversion  of
such  section  as  provided  in section 8 of part H of chapter 56 of the
laws of 2009, as amended;
  3. the amendments to section 92 of the correction law made by  section
eleven  of  this act shall take effect on the same date as the reversion
of such section as provided in section 8 of part H of chapter 56 of  the
laws of 2009, as amended;
  4.  the  amendments  to  section  140-a  of the correction law made by
section sixteen of this act shall not affect the repeal of such  section
and shall be deemed repealed therewith;
  5. the amendments to section 803 of the correction law made by section
thirty-seven  of  this  act  shall  be subject to the expiration of such
section and shall expire and be deemed repealed therewith;
  6. the amendments to section 803 of the correction law made by section
thirty-eight of this act shall take effect  on  the  same  date  as  the
reversion  of such section as provided in section 74 of chapter 3 of the
laws of 1995, as amended;
  7. the amendments to section 806 of the correction law made by section
forty of this act shall not affect the repeal of such section and  shall
expire and be deemed repealed therewith;
  8.  the  amendments  to subdivision 1 of section 851 of the correction
law made by section forty-one of this act shall be subject to the  expi-
ration  and reversion of such subdivision pursuant to section 5 of chap-
ter 554 of the laws of  1986,  as  amended,  when  upon  such  date  the
provisions of section forty-one-a of this act shall take effect;
  9.  the  amendments  to subdivision 1 of section 851 of the correction
law made by section forty-one-a of this act  shall  be  subject  to  the
expiration  and  reversion of such subdivision pursuant to section 10 of
chapter 339 of the laws of 1972, as amended, when  upon  such  date  the
provisions of section forty-one-b of this act shall take effect;
  10.  the  amendments  to  the  closing  paragraph  of subdivision 2 of
section 851 of the correction law made by section forty-two of this  act
shall  be  subject  to  the expiration and reversion of such subdivision
pursuant to section 46 of chapter 60 of the laws of  1994,  as  amended,
when  upon  such  date the provisions of section forty-three of this act
shall take effect;
  10-a. the amendments to subdivision 5 of section 851 of the correction
law made by section forty-three-a of this act shall take effect upon the
expirations of section 42 of chapter 60 of the laws of 1994, section  10
of  chapter 339 of the laws of 1972 and section 3 of chapter 554 of laws
of 1986;
  11. the amendments to subdivision 5 of section 852 of  the  correction
law  made by section forty-four of this act shall not affect the expira-
tion and reversion of such  section  and  shall  expire  and  be  deemed
repealed therewith;
  12.  the  amendments to subdivision 2 of section 852 of the correction
law made by section forty-five of this act shall take effect on the same

S. 2812--C                         204                        A. 4012--C

date as the reversion of such section as provided in section 10 of chap-
ter 339 of the laws of 1972, as amended;
  13.  the  amendments to subdivision 2 of section 856 of the correction
law made by section forty-six of this act shall take effect on the  same
date  as the reversion of section 856 as provided in section 10 of chap-
ter 339 of the laws of 1972, as amended;
  14. the amendments to subdivision 6 of section 855 of  the  correction
law  made  by  section  forty-seven  of this act shall be subject to the
expiration and reversion of such section pursuant to section 10 of chap-
ter 339 of the laws of  1972,  as  amended,  when  upon  such  date  the
provisions of section forty-eight of this act shall take effect;
  15.  the  amendments  to  subdivision (f) of section 1101 of the civil
practice law and rules made by section fifty-one of this act  shall  not
affect the expiration and reversion of such subdivision and shall expire
and be deemed repealed therewith;
  16. the amendments to subdivisions 2 and 4 of section 209 of the civil
service  law made by section sixty-four of this act shall not affect the
expiration of such subdivisions and shall expire and be deemed  repealed
therewith;
  17.  the  amendments  to  subdivision  9 of section 10 of the court of
claims act made by section sixty-seven of this act shall not affect  the
expiration  of  such subdivision and shall expire and be deemed repealed
therewith;
  18. the amendments to section 410.91 of  the  criminal  procedure  law
made  by  section seventy-six of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith;
  19. the amendments to subdivisions 2 and 4 of section  430.20  of  the
criminal  procedure  law made by section seventy-seven of this act shall
be subject to the expiration and reversion of such subdivisions pursuant
to section 74 of chapter 3 of the laws of 1995, as  amended,  when  upon
such date the provisions of section seventy-eight of this act shall take
effect;
  20.  the  amendments  to  section  83-m of the legislative law made by
section one hundred eighteen of this act shall not affect the repeal  of
such section and shall expire and be deemed repealed therewith;
  21.  the amendments to subdivision 7 of section 70.06 of the penal law
made by section one hundred twenty-three of this act  shall  not  affect
the  repeal  of such subdivision and shall expire and be deemed repealed
therewith;
  22. the amendments to subdivisions 1 and 3 of  section  70.20  of  the
penal  law  made by section one hundred twenty-four of this act shall be
subject to the expiration and reversion of such subdivisions pursuant to
section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
date the provisions of section one hundred twenty-five of this act shall
take effect;
  23.  the  amendments  to  the  opening  paragraph  of subdivision 1 of
section 70.30 of the penal law made by section one hundred twenty-six of
this act shall be subject to the expiration and reversion of such  para-
graph  pursuant  to  section  74  of  chapter  3 of the laws of 1995, as
amended, when upon such date the provisions of section one hundred twen-
ty-seven of this act shall take effect;
  24. the amendments to subdivision 7 of section 70.30 of the penal  law
made  by section one hundred twenty-six of this act shall not affect the
expiration of such subdivision and shall expire and be  deemed  repealed
therewith;

S. 2812--C                         205                        A. 4012--C

  25.  the  amendments to section 70.35 of the penal law made by section
one hundred twenty-seven-a of this act shall be subject to  the  expira-
tion  and  reversion of such section pursuant to section 74 of chapter 3
of the laws of 1995, as amended, when upon such date the  provisions  of
section one hundred twenty-seven-b of this act shall take effect;
  26.  the amendments to paragraph (a) of subdivision 1 of section 70.40
of the penal law made by section one hundred twenty-seven-c of this  act
shall be subject to the expiration and reversion of such paragraph, when
upon  such  date the provisions of section one hundred twenty-seven-d of
this act shall take effect;
  27. the amendments to paragraph (b) of subdivision 1 of section  70.40
of  the  penal  law made by section one hundred twenty-seven-d-1 of this
act shall be subject to the expiration and reversion of  such  paragraph
pursuant  to  section  74  of chapter 3 of the laws of 1995, as amended,
when upon such date the provisions of section one hundred twenty-seven-e
of this act shall take effect;
  28. the amendments to paragraph (c) of subdivision 1 of section  70.40
of  the penal law made by section one hundred twenty-seven-f of this act
shall not affect the repeal of such paragraph and shall  expire  and  be
deemed repealed therewith;
  29.  the amendments to subdivision 1 of section 85.15 of the penal law
made by section one hundred twenty-seven-1 of this act shall be  subject
to  the expiration and reversion of such subdivision pursuant to section
74 of chapter 3 of the laws of 1995, as amended, when upon such date the
provisions of section one hundred twenty-seven-m of this act shall  take
effect;
  30.  the amendments to section 205.17 of the penal law made by section
one hundred twenty-seven-n of this act shall not affect  the  expiration
of such section and shall expire therewith;
  31.  the amendments to section 205.19 of the penal law made by section
one hundred twenty-seven-o of this act shall not affect  the  expiration
of such section and shall expire therewith;
  32.  the  amendments  to  subdivision  26 of section 206 of the public
health law made by section one hundred twenty-seven-t of this act  shall
take  effect  on  the  same  date and in the same manner as section 2 of
chapter 419 of the laws of 2009 takes effect;
  33. the amendments to section 99-m of the state finance  law  made  by
section one hundred sixty-one of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith; and
  34.  the  amendments  to  section 163 of the state finance law made by
section one hundred sixty-five of this act shall not affect  the  repeal
of such section and shall expire and be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable  effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.

                                 PART D

S. 2812--C                         206                        A. 4012--C

  Section 1. The economic development law is amended  by  adding  a  new
article 18 to read as follows:
                               ARTICLE 18
             DIVISION OF SCIENCE, TECHNOLOGY AND INNOVATION
SECTION 360. DIVISION OF SCIENCE, TECHNOLOGY AND INNOVATION.
  S  360.  DIVISION  OF  SCIENCE, TECHNOLOGY AND INNOVATION. 1. ECONOMIC
DEVELOPMENT EFFICIENCY. IN ORDER TO PROMOTE ECONOMIC  DEVELOPMENT  EFFI-
CIENCY  IN  THE STATE OF NEW YORK, THE TRANSFER OF POWERS, FUNCTIONS AND
AFFAIRS OF THE NEW YORK STATE FOUNDATION  FOR  SCIENCE,  TECHNOLOGY  AND
INNOVATION  IS  HEREBY AUTHORIZED AND THERE IS HEREBY CREATED WITHIN THE
DEPARTMENT THE DIVISION OF SCIENCE, TECHNOLOGY AND INNOVATION.  NOTWITH-
STANDING THE FOREGOING, THE SMALL BUSINESS  TECHNOLOGY  INVESTMENT  FUND
AND CASH ASSETS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY
AND INNOVATION SHALL BE TRANSFERRED TO THE URBAN DEVELOPMENT CORPORATION
PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION.
  2.  TRANSFER  OF  POWERS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION. THE FUNCTIONS AND POWERS POSSESSED BY AND ALL
OF THE OBLIGATIONS AND DUTIES OF  THE  NEW  YORK  STATE  FOUNDATION  FOR
SCIENCE,  TECHNOLOGY  AND INNOVATION, AS ESTABLISHED PURSUANT TO ARTICLE
TEN-A OF THE PUBLIC AUTHORITIES LAW AND ARTICLE TEN-B OF  THE  EXECUTIVE
LAW, WITH THE EXCEPTION OF THE SMALL BUSINESS TECHNOLOGY INVESTMENT FUND
AND CASH ASSETS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY
AND  INNOVATION SHALL BE TRANSFERRED AND ASSIGNED TO, AND ASSUMED BY AND
DEVOLVED  UPON,  THE  DEPARTMENT.  NOTWITHSTANDING  THE  FOREGOING,  ANY
PROGRAMS SPECIFIED IN LAW TO BE ADMINISTERED BY THE NEW YORK STATE FOUN-
DATION  FOR  SCIENCE, TECHNOLOGY AND INNOVATION SHALL BE ADMINISTERED BY
THE DEPARTMENT ONLY TO THE EXTENT OF AVAILABLE APPROPRIATIONS.
  3. ABOLITION OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,  TECHNOLOGY
AND  INNOVATION.  UPON  THE  TRANSFER  PURSUANT  TO SUBDIVISIONS TWO AND
TWELVE OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY AND  ALL
OF  THE  OBLIGATIONS  AND  DUTIES  OF  THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, AS ESTABLISHED PURSUANT  TO  ARTICLE
TEN-A  OF  THE PUBLIC AUTHORITIES LAW AND ARTICLE TEN-B OF THE EXECUTIVE
LAW, THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECHNOLOGY  AND  INNO-
VATION SHALL BE ABOLISHED.
  3-A.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE, OR REGULATION
TO THE CONTRARY, UPON THE TRANSFER OF FUNCTIONS FROM THE NEW YORK  STATE
FOUNDATION  FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION  PURSUANT TO THIS
SECTION, EMPLOYEES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND  INNOVATION, AS DETERMINED BY THE COMMISSIONER IN HIS OR HER
DISCRETION, WHO ARE NECESSARY TO THE  CONTINUATION  OF  THE  TRANSFERRED
FUNCTIONS  AND  SUBSTANTIALLY  ENGAGED  IN THE PERFORMANCE OF THE TRANS-
FERRED FUNCTIONS SHALL  BE  TRANSFERRED  TO  THE  DEPARTMENT.  EMPLOYEES
TRANSFERRED  PURSUANT  TO  THIS  SECTION  SHALL  BE  TRANSFERRED WITHOUT
FURTHER EXAMINATION OR QUALIFICATION AND SHALL RETAIN  THEIR  RESPECTIVE
CIVIL SERVICE CLASSIFICATIONS OR THE EQUIVALENT THEREOF.
  4.  CONTINUITY  OF  AUTHORITY  OF  THE  NEW  YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION. EXCEPT AS HEREIN OTHERWISE PROVIDED,
UPON THE TRANSFER PURSUANT  TO  SUBDIVISIONS  TWO  AND  TWELVE  OF  THIS
SECTION  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE
EXECUTIVE LAW AND THE  PUBLIC  AUTHORITIES  LAW  TO  THE  DEPARTMENT  AS
PRESCRIBED  BY SUBDIVISION TWO OF THIS SECTION AND TO THE URBAN DEVELOP-
MENT CORPORATION PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION FOR  THE
PURPOSE  OF  SUCCESSION OF ALL FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS

S. 2812--C                         207                        A. 4012--C

OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION,
THE DEPARTMENT AND THE URBAN  DEVELOPMENT  CORPORATION,  AS  APPROPRIATE
SHALL  BE  DEEMED  TO AND BE HELD TO CONSTITUTE THE CONTINUATION OF SUCH
FUNCTIONS,  POWERS, DUTIES AND OBLIGATIONS AND NOT A DIFFERENT AGENCY OR
AUTHORITY.
  5. TRANSFER OF RECORDS OF THE NEW YORK STATE FOUNDATION  FOR  SCIENCE,
TECHNOLOGY  AND  INNOVATION.  UPON THE TRANSFER PURSUANT TO SUBDIVISIONS
TWO AND TWELVE OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED  BY
AND  ALL  OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT  TO  SUCH
PROVISIONS  OF  THE  EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TO THE
DEPARTMENT AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION AND  TO  THE
URBAN  DEVELOPMENT  CORPORATION  PURSUANT  TO SUBDIVISION TWELVE OF THIS
SECTION, ALL BOOKS, PAPERS, RECORDS AND PROPERTY PERTAINING TO  THE  NEW
YORK  STATE  FOUNDATION  FOR SCIENCE, TECHNOLOGY AND INNOVATION SHALL BE
TRANSFERRED TO AND MAINTAINED BY THE DEPARTMENT AND THE  URBAN  DEVELOP-
MENT CORPORATION, AS APPROPRIATE.
  6.  COMPLETION OF UNFINISHED BUSINESS OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE  TRANSFER  PURSUANT  TO
SUBDIVISIONS  TWO AND TWELVE OF THIS SECTION OF THE FUNCTIONS AND POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED  PURSU-
ANT  TO  SUCH PROVISIONS OF THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES
LAW TO THE DEPARTMENT AS PRESCRIBED BY SUBDIVISION TWO OF  THIS  SECTION
AND  TO THE URBAN DEVELOPMENT CORPORATION PURSUANT TO SUBDIVISION TWELVE
OF THIS SECTION, ANY BUSINESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY
THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION
PERTAINING  TO  OR CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND
DUTIES SO TRANSFERRED AND ASSIGNED TO THE DEPARTMENT MAY BE CONDUCTED OR
COMPLETED BY THE DEPARTMENT AND THE URBAN  DEVELOPMENT  CORPORATION,  AS
APPROPRIATE.
  7.  TERMS  OCCURRING  IN  LAWS,  CONTRACTS  OR  OTHER  DOCUMENTS OF OR
PERTAINING TO THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY  AND
INNOVATION. UPON THE TRANSFER PURSUANT TO SUBDIVISIONS TWO AND TWELVE OF
THIS  SECTION  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE
OBLIGATIONS AND DUTIES OF THE NEW YORK  STATE  FOUNDATION  FOR  SCIENCE,
TECHNOLOGY  AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF
THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW, WHENEVER THE NEW  YORK
STATE  FOUNDATION  FOR SCIENCE, TECHNOLOGY AND INNOVATION AND THE EXECU-
TIVE DIRECTOR THEREOF, THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES  OF
WHICH ARE TRANSFERRED TO THE DEPARTMENT AND THE URBAN DEVELOPMENT CORPO-
RATION  ARE  REFERRED  TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT
PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES  TRANSFERRED
AND  ASSIGNED  PURSUANT  TO  THIS SECTION, SUCH REFERENCE OR DESIGNATION
SHALL BE DEEMED TO REFER TO THE DEPARTMENT AND ITS COMMISSIONER  OR  THE
URBAN  DEVELOPMENT  CORPORATION  AND  ITS  PRESIDENT AND CHIEF EXECUTIVE
OFFICER, AS APPROPRIATE, OR HIS OR HER DESIGNEE.
  8. EXISTING RIGHTS AND REMEDIES OF OR PERTAINING TO THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION PRESERVED.   UPON  THE
TRANSFER  PURSUANT TO SUBDIVISIONS TWO AND TWELVE OF THIS SECTION OF THE
FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND  DUTIES
OF  THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION
AS ESTABLISHED PURSUANT TO THE EXECUTIVE LAW AND THE PUBLIC  AUTHORITIES
LAW  TO  THE DEPARTMENT AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION
AND TO THE URBAN DEVELOPMENT CORPORATION PURSUANT TO SUBDIVISION  TWELVE
OF THIS SECTION, NO EXISTING RIGHT OR REMEDY OF THE STATE, INCLUDING THE

S. 2812--C                         208                        A. 4012--C

NEW  YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION, SHALL
BE LOST, IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
  9.  PENDING  ACTIONS  AND PROCEEDINGS OF OR PERTAINING TO THE NEW YORK
STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE TRANS-
FER PURSUANT TO SUBDIVISIONS TWO AND TWELVE OF THIS SECTION OF THE FUNC-
TIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND  DUTIES  OF
THE  NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS
ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE  EXECUTIVE  LAW  AND  THE
PUBLIC  AUTHORITIES  LAW  TRANSFER  TO  THE  DEPARTMENT AS PRESCRIBED BY
SUBDIVISION TWO OF THIS SECTION AND TO THE URBAN DEVELOPMENT CORPORATION
PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, NO ACTION OR  PROCEEDING
PENDING ON THE EFFECTIVE DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE
NEW  YORK  STATE  FOUNDATION  FOR  SCIENCE, TECHNOLOGY AND INNOVATION OR
EXECUTIVE DIRECTOR THEREOF SHALL BE AFFECTED BY ANY  PROVISION  OF  THIS
SECTION,  BUT  THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF THE
DEPARTMENT OR THE URBAN DEVELOPMENT CORPORATION, AS APPROPRIATE. IN  ALL
SUCH  ACTIONS  AND PROCEEDINGS, THE DEPARTMENT AND THE URBAN DEVELOPMENT
CORPORATION, AS APPROPRIATE, UPON APPLICATION TO  THE  COURT,  SHALL  BE
SUBSTITUTED AS A PARTY.
  10.  CONTINUATION OF RULES AND REGULATIONS OF OR PERTAINING TO THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION.  UPON  THE
TRANSFER  PURSUANT TO SUBDIVISIONS TWO AND TWELVE OF THIS SECTION OF THE
FUNCTIONS AND POWERS POSSESSED BY AND ALL THE OBLIGATIONS AND DUTIES  OF
THE  NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS
ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE  EXECUTIVE  LAW  AND  THE
PUBLIC  AUTHORITIES  LAW  TRANSFER  TO  THE  DEPARTMENT AS PRESCRIBED BY
SUBDIVISION TWO OF THIS SECTION AND TO THE URBAN DEVELOPMENT CORPORATION
PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, ALL RULES,  REGULATIONS,
ACTS,  DETERMINATIONS AND DECISIONS OF THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, PERTAINING TO THE  FUNCTIONS  TRANS-
FERRED  AND  ASSIGNED  BY  THIS  SECTION TO THE DEPARTMENT AND THE URBAN
DEVELOPMENT CORPORATION, AS APPROPRIATE, IN FORCE AT THE  TIME  OF  SUCH
TRANSFER,  ASSIGNMENT, ASSUMPTION AND DEVOLUTION SHALL CONTINUE IN FORCE
AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS  OF
THE  DEPARTMENT  AND  THE URBAN DEVELOPMENT CORPORATION, AS APPROPRIATE,
UNTIL DULY MODIFIED OR REPEALED.
  11. TRANSFER OF APPROPRIATIONS HERETOFORE MADE TO THE NEW  YORK  STATE
FOUNDATION  FOR  SCIENCE,  TECHNOLOGY  AND INNOVATION. UPON THE TRANSFER
PURSUANT TO SUBDIVISIONS TWO AND TWELVE OF THIS SECTION OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION  AS  ESTAB-
LISHED  PURSUANT  TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND THE PUBLIC
AUTHORITIES LAW TO THE DEPARTMENT AS PRESCRIBED BY  SUBDIVISION  TWO  OF
THIS SECTION AND TO THE URBAN DEVELOPMENT CORPORATION PURSUANT TO SUBDI-
VISION  TWELVE  OF THIS SECTION, ALL APPROPRIATIONS AND REAPPROPRIATIONS
WHICH SHALL HAVE BEEN MADE AVAILABLE AS OF THE DATE OF SUCH TRANSFER  TO
THE  NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR
SEGREGATED PURSUANT TO LAW, TO THE EXTENT  OF  REMAINING  UNEXPENDED  OR
UNENCUMBERED  BALANCES  THEREOF,  WHETHER  ALLOCATED  OR UNALLOCATED AND
WHETHER OBLIGATED OR UNOBLIGATED,  SHALL  BE  TRANSFERRED  TO  AND  MADE
AVAILABLE  FOR USE AND EXPENDITURE BY THE DEPARTMENT OR THE URBAN DEVEL-
OPMENT CORPORATION AS DEEMED APPROPRIATE BY THE COMMISSIONER  AND  SHALL
BE  PAYABLE  ON  VOUCHERS  CERTIFIED  OR APPROVED BY THE COMMISSIONER OF
TAXATION AND FINANCE, ON AUDIT AND WARRANT OF THE COMPTROLLER.  PAYMENTS
OF LIABILITIES FOR EXPENSES OF PERSONAL SERVICES, MAINTENANCE AND OPERA-
TION WHICH SHALL HAVE BEEN INCURRED AS OF THE DATE OF SUCH  TRANSFER  BY

S. 2812--C                         209                        A. 4012--C

THE  NEW  YORK  STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION,
AND FOR LIABILITIES INCURRED  AND  TO  BE  INCURRED  IN  COMPLETING  ITS
AFFAIRS  SHALL  ALSO  BE  MADE  ON VOUCHERS CERTIFIED OR APPROVED BY THE
COMMISSIONER, ON AUDIT AND WARRANT OF THE COMPTROLLER.
  12.  TRANSFER  OF  CERTAIN  ASSETS  AND LIABILITIES. UPON THE TRANSFER
PURSUANT TO SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS AND  POWERS
POSSESSED  BY  AND  ALL THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION, AS ESTABLISHED PURSU-
ANT TO ARTICLE TEN-A OF THE PUBLIC AUTHORITIES LAW AND ARTICLE TEN-B  OF
THE  EXECUTIVE LAW AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION, ALL
CASH ASSETS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND
INNOVATION, AND ALL ASSETS, RECORDS, AND LIABILITIES OF THE SMALL  BUSI-
NESS  TECHNOLOGY  INVESTMENT FUND (SBTIF) ESTABLISHED PURSUANT TO APPRO-
PRIATIONS MADE BY VARIOUS CHAPTERS OF THE LAW INCLUDING, BUT NOT LIMITED
TO CHAPTER FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-ONE, CHAP-
TER FIFTY-THREE OF THE LAWS OF  NINETEEN  HUNDRED  EIGHTY-FIVE,  CHAPTER
FIFTY-THREE   OF  THE  LAWS  OF  NINETEEN  HUNDRED  EIGHTY-SIX,  CHAPTER
FIFTY-THREE OF  THE  LAWS  OF  NINETEEN  HUNDRED  EIGHTY-SEVEN,  CHAPTER
FIFTY-THREE  OF  THE  LAWS  OF  NINETEEN  HUNDRED  EIGHTY-EIGHT, CHAPTER
FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-NINE, CHAPTER  FIFTY-
THREE OF THE LAWS OF NINETEEN HUNDRED NINETY, CHAPTER FIFTY-THREE OF THE
LAWS  OF NINETEEN HUNDRED NINETY-ONE, CHAPTER FIFTY-THREE OF THE LAWS OF
NINETEEN HUNDRED NINETY-TWO, CHAPTER FIFTY-THREE OF THE LAWS OF NINETEEN
HUNDRED NINETY-THREE,  CHAPTER  FIFTY-THREE  OF  THE  LAWS  OF  NINETEEN
HUNDRED  NINETY-FOUR,  AND  CHAPTER  FIFTY-THREE OF THE LAWS OF NINETEEN
HUNDRED NINETY-FIVE SHALL BE TRANSFERRED TO THE URBAN DEVELOPMENT CORPO-
RATION.
  13. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART  OF  THIS
SECTION  SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT  SHALL  NOT  AFFECT,  IMPAIR  OR  INVALIDATE  THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S  2.  Sections  3151  and  3152  of  the  public  authorities law are
REPEALED.
  S 3. This act shall take effect May 1, 2011.

                                 PART E

  Section 1.  The executive law is amended by adding a new  article  3-A
to read as follows:
                               ARTICLE 3-A
                  EXECUTIVE REORGANIZATION ACT OF 2011
SECTION 33. SHORT TITLE.
        34.   DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.
        35.   DEFINITIONS.
        36.   FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN.
        37.   CONTENTS OF REORGANIZATION PLAN.
        38.   PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.
        39.   EFFECTIVE DATE OF REORGANIZATION PLAN.
        39-A. EFFECT ON ACTIONS OR PROCEEDINGS.
        39-B. SEVERABILITY.
  S  33.  SHORT TITLE.   THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EXECUTIVE REORGANIZATION ACT OF 2011".
  S 34. DUTY OF GOVERNOR TO EXAMINE AGENCIES; LEGISLATIVE PURPOSE.    1.
THE  GOVERNOR,  FROM TIME TO TIME, SHALL EXAMINE THE ORGANIZATION OF ALL

S. 2812--C                         210                        A. 4012--C

AGENCIES AND SHALL DETERMINE  WHAT  CHANGES  THEREIN  ARE  NECESSARY  TO
ACCOMPLISH ONE OR MORE OF THE FOLLOWING PURPOSES:
  (A)  TO  PROMOTE  THE BETTER EXECUTION OF THE LAWS, THE MORE EFFECTIVE
MANAGEMENT OF THE GOVERNMENT AND OF ITS AGENCIES AND FUNCTIONS, AND  THE
EXPEDITIOUS ADMINISTRATION OF PUBLIC BUSINESS;
  (B)  TO  REDUCE EXPENDITURES AND PROMOTE ECONOMY TO THE FULLEST EXTENT
CONSISTENT WITH THE EFFICIENT OPERATION OF THE GOVERNMENT;
  (C) TO INCREASE THE EFFICIENCY OF THE OPERATIONS OF THE GOVERNMENT  TO
THE FULLEST EXTENT PRACTICABLE;
  (D) TO GROUP, CONSOLIDATE, COORDINATE AND MERGE AGENCIES AND FUNCTIONS
OF THE GOVERNMENT;
  (E)  TO  REDUCE  THE  NUMBER OF AGENCIES BY CONSOLIDATING THOSE HAVING
SIMILAR FUNCTIONS, AND TO ABOLISH SUCH AGENCIES OR FUNCTIONS THEREOF  AS
MAY NOT BE NECESSARY FOR THE EFFICIENT CONDUCT OF THE GOVERNMENT; AND
  (F) TO ELIMINATE OVERLAP AND DUPLICATION OF EFFORT.
  2. THE LEGISLATURE DECLARES THAT THE PUBLIC INTEREST IS BEST SERVED BY
FULFILLING THE PURPOSES SET FORTH IN THIS SECTION AND THAT SUCH PURPOSES
MAY BE ACCOMPLISHED MORE SPEEDILY AND EFFECTIVELY UNDER THIS ARTICLE.
  S 35. DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "AGENCY" MEANS:
  (A)  ANY  ADMINISTRATIVE  UNIT OF STATE GOVERNMENT, INCLUDING, BUT NOT
LIMITED TO, ANY AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION,
INSTITUTION, OFFICE, STATE PUBLIC AUTHORITY, STATE TASK FORCE, OR  OTHER
BODY,  OR  PARTS THEREOF, HOWEVER DESIGNATED, WHETHER OR NOT IT RECEIVES
LEGISLATIVE APPROPRIATIONS, BUT DOES NOT INCLUDE ANY ENTITY WHOSE PRIMA-
RY FUNCTION IS SERVICE TO THE LEGISLATIVE OR JUDICIAL BRANCHES OF  STATE
GOVERNMENT,  THE  DEPARTMENT OF LAW, THE DEPARTMENT OF AUDIT AND CONTROL
OR THE BOARD OF REGENTS;
  (B) ANY OFFICE OR OFFICER IN ANY AGENCY, EXCEPT THE DEPARTMENT OF  LAW
AND DEPARTMENT OF AUDIT AND CONTROL; AND
  (C)  ANY  STATE PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION CREATED
BY OR EXISTING UNDER ANY STATE LAW, OR  PARTS  THEREOF,  HOWEVER  DESIG-
NATED,  WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR OR WHO
SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE, OTHER
THAN AN INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC  BENEFIT  CORPO-
RATION,  INCLUDING  ANY  SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR PUBLIC
BENEFIT CORPORATION.
  PROVIDED THAT  "AGENCY"  SHALL  NOT  INCLUDE  ANY  DEPARTMENT,  BOARD,
BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF A
MUNICIPALITY  OR  A  LOCAL INDUSTRIAL DEVELOPMENT AGENCY OR LOCAL PUBLIC
AUTHORITY OR LOCAL PUBLIC BENEFIT CORPORATION AS THAT TERM IS DEFINED IN
SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW.
  2. "ASSEMBLY" MEANS THE NEW YORK STATE ASSEMBLY.
  3. "FUNCTION" MEANS ANY ACTIVITY, ASSIGNMENT, DUTY,  POWER,  RESPONSI-
BILITY, RIGHT, SET OF OPERATIONS OR OTHER ACTIVITY.
  4. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
  5. "LEGISLATURE" MEANS THE LEGISLATURE OF THE STATE OF NEW YORK.
  6.  "OFFICER" MEANS EVERY OFFICER APPOINTED BY ONE OR MORE STATE OFFI-
CERS, OR BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE  THEIR  OFFICIAL
FUNCTIONS  THROUGHOUT  THE  ENTIRE  STATE,  OR WITHOUT LIMITATION TO ANY
POLITICAL SUBDIVISION OF THE  STATE,  AND  IS  NOT  LIMITED  TO  PERSONS
RECEIVING COMPENSATION FOR THEIR SERVICES.
  7.  "REGULATION  OR  OTHER  ACTION" MEANS ANY REGULATION, RULE, ORDER,
POLICY,  DETERMINATION,  DIRECTIVE,  AUTHORIZATION,  PERMIT,  PRIVILEGE,
REQUIREMENT, DESIGNATION, OR OTHER ACTION.

S. 2812--C                         211                        A. 4012--C

  8. "REORGANIZATION" OR "REORGANIZE" MEANS:
  (A)  THE  TRANSFER  OF  THE WHOLE OR ANY PART OF ANY AGENCY, OR OF THE
WHOLE OR ANY PART OF THE FUNCTIONS  THEREOF,  TO  THE  JURISDICTION  AND
CONTROL OF ANY OTHER AGENCY;
  (B) THE ABOLITION OF ALL OR ANY PART OF THE FUNCTIONS OF ANY AGENCY;
  (C)    THE  CONSOLIDATION,  COORDINATION OR MERGER OF THE WHOLE OR ANY
PART OF ANY AGENCY, OR OF THE WHOLE OR ANY PART OF THE FUNCTIONS  THERE-
OF,  WITH  THE  WHOLE  OR  ANY PART OF ANY OTHER AGENCY OR THE FUNCTIONS
THEREOF;
  (D) THE CONSOLIDATION, COORDINATION OR MERGER,  OF  ANY  PART  OF  ANY
AGENCY  OR  THE FUNCTIONS THEREOF WITH ANY OTHER PART OF THE SAME AGENCY
OR THE FUNCTIONS THEREOF;
  (E) THE AUTHORIZATION OF ANY NON-ELECTIVE OFFICER TO DELEGATE  ANY  OF
THEIR FUNCTIONS;
  (F)  THE  ABOLITION  OF THE WHOLE OR ANY PART OF ANY AGENCY WHICH DOES
NOT HAVE, OR UPON THE TAKING EFFECT OF REORGANIZATION WILL NOT HAVE, ANY
FUNCTIONS; OR
  (G) THE ESTABLISHMENT OF A NEW AGENCY TO PERFORM THE WHOLE OR ANY PART
OF THE FUNCTIONS OF ANY EXISTING AGENCY OR AGENCIES.
  9. "REORGANIZATION PLAN" OR "PLAN" SHALL MEAN THE BILL PREPARED BY THE
GOVERNOR, AND SUBMITTED TO THE  LEGISLATURE  AS  A  PROGRAM  BILL,  THAT
CONTAINS  TERMS  AND  INFORMATION REGARDING THE REORGANIZATION OF ONE OR
MORE AGENCIES PURSUANT TO THIS ARTICLE WHICH, WHEN ENACTED, SHALL ACCOM-
PLISH SUCH REORGANIZATION.
  10. "SENATE" MEANS THE NEW YORK STATE SENATE.
  S 36. FINDINGS BY GOVERNOR; ISSUANCE OF REORGANIZATION PLAN.  1. WHEN-
EVER THE GOVERNOR FINDS IT IN THE PUBLIC INTEREST, HE OR SHE  MAY  REOR-
GANIZE ONE OR MORE AGENCIES.
  2.    NOTHING IN THIS ARTICLE SHALL PROHIBIT OR LIMIT THE AUTHORITY OF
THE GOVERNOR OR LEGISLATURE TO IMPLEMENT OR ENACT A REORGANIZATION  PLAN
PURSUANT TO ANY OTHER LAWFUL PROCESS.
  S  37.  CONTENTS  OF  REORGANIZATION  PLAN.   1. A REORGANIZATION PLAN
SHALL:
  (A) SET FORTH AS FINDINGS IN SUCH PLAN, A DESCRIPTION  OF  THE  NATURE
AND  PURPOSES OF THE REORGANIZATION, TOGETHER WITH AN EXPLANATION OF THE
ADVANTAGES THAT WILL RESULT FROM ITS IMPLEMENTATION, INCLUDING:
  (I) ANTICIPATED SAVINGS AND COSTS  ASSOCIATED  WITH  EACH  SIGNIFICANT
MODIFICATION OF ANY AGENCY FUNCTIONS OR OPERATIONS;
  (II) THE PRODUCTIVITY GAINS MEASURED IN NUMBERS OF FULL-TIME EMPLOYEES
AND THE TYPES OF POSITIONS, IF ANY, THAT MAY BE CREATED OR ELIMINATED AS
A RESULT OF THE REORGANIZATION PLAN;
  (III)  ESTIMATED  IMPROVEMENTS AND OTHER IMPACTS, INCLUDING FISCAL AND
SERVICE IMPACTS, ON PROGRAMS OR SERVICES RECIPIENTS, IF THE  REORGANIZA-
TION PLAN IS ADOPTED; AND
  (IV) ESTIMATED LONG-TERM PROJECTED FISCAL IMPACT OF THE REORGANIZATION
PLAN;
  (B)  SPECIFY WITH RESPECT TO EACH FUNCTION THAT IS EITHER ABOLISHED OR
MERGED WITH ANOTHER FUNCTION INCLUDED IN THE PLAN THE STATUTORY AUTHORI-
TY FOR THE EXERCISE OF THE FUNCTION;
  (C) PROVIDE FOR THE UNINTERRUPTED CONDUCT OF THE GOVERNMENTAL SERVICES
AND FUNCTIONS AFFECTED BY BUT NOT ABSORBED BY THE PLAN;
  (D) PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER DISPOSITION  OF  THE
RECORDS,  PROPERTY,  AND PERSONNEL AFFECTED BY A REORGANIZATION, FURTHER
PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED FROM ONE AGENCY TO  ANOTH-
ER, THAT SUCH TRANSFER WILL BE WITHOUT FURTHER EXAMINATION OR QUALIFICA-
TION  AND  SUCH  EMPLOYEES  SHALL  RETAIN THEIR RESPECTIVE CIVIL SERVICE

S. 2812--C                         212                        A. 4012--C

CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT DESIGNATIONS  AND
BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS;
  (E) PROVIDE FOR TERMINATING THE AFFAIRS OF AN AGENCY ABOLISHED;
  (F)  SET  FORTH  EVERY  LAW AND CHAPTER THAT WILL BE DIRECTLY IMPACTED
PURSUANT TO THE REORGANIZATION PLAN;
  (G) PROVIDE FOR THE TRANSFER OF SUCH UNEXPENDED BALANCES OF  APPROPRI-
ATIONS  AND  REAPPROPRIATION  OF  REMAINING EXPENDED OR UNEXPENDED FUNDS
WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED  OR  UNOBLIGATED,
AVAILABLE  FOR USE IN CONNECTION WITH A FUNCTION OR AGENCY AFFECTED BY A
REORGANIZATION, AS NECESSARY BY REASON OF THE REORGANIZATION FOR USE  IN
CONNECTION WITH THE FUNCTIONS AFFECTED BY THE REORGANIZATION, OR FOR THE
USE  OF  THE AGENCY WHICH SHALL HAVE THE FUNCTIONS AFTER THE REORGANIZA-
TION PLAN IS EFFECTIVE. HOWEVER, THE UNEXPENDED BALANCES SO  TRANSFERRED
MAY  BE  USED  ONLY  FOR  THE  PURPOSES  FOR WHICH THE APPROPRIATION WAS
ORIGINALLY MADE.   SUCH REORGANIZATION PLAN MAY  NOT  CONTAIN  APPROPRI-
ATIONS FOR A REORGANIZED AGENCY. ANY SUCH APPROPRIATION AS MAY BE NEEDED
MAY ONLY BE CONSIDERED PURSUANT TO A SINGLE APPROPRIATION IN LEGISLATION
OUTSIDE  OF THE REORGANIZATION PLAN OR IN THE EXECUTIVE BUDGET SUBMITTED
IN THE FISCAL YEAR FOLLOWING THE ENACTMENT OF THE REORGANIZATION PLAN;
  (H) PROVIDE THAT NO EXISTING RIGHT OR REMEDY SHALL BE  LOST,  IMPAIRED
OR AFFECTED BY ANY REORGANIZATION PLAN;
  (I) PROVIDE THAT NO ACTION OR PROCEEDING PENDING AT ANY TIME WHEN SUCH
REORGANIZATION PLAN TAKES EFFECT, BROUGHT BY OR AGAINST ANY AGENCY WHICH
IS SUBJECT TO SUCH PLAN, SHALL BE AFFECTED BY ANY PROVISION OF THE PLAN,
BUT  THE  SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF SUCH AGENCY.
IN ALL SUCH ACTIONS AND PROCEEDINGS, IF AN AGENCY IS ELIMINATED AND  ITS
FUNCTIONS  AND  RESPONSIBILITIES  ARE  TRANSFERRED, THEN THE HEAD OF THE
SURVIVING AGENCY, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED AS
A PARTY;
  (J) DESCRIBE IN DETAIL:
  (I) OTHER ACTIONS, IF ANY, NECESSARY TO PLAN TO COMPLETE THE  REORGAN-
IZATION;
  (II)  THE  ANTICIPATED NATURE AND SUBSTANCE OF ANY ORDERS, DIRECTIVES,
AND OTHER ADMINISTRATIVE AND OPERATIONAL ACTIONS WHICH ARE  EXPECTED  TO
BE REQUIRED FOR COMPLETING OR IMPLEMENTING THE REORGANIZATION; AND
  (III) ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN THE IMPLEMENTA-
TION PROCESS;
  (K) PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION
PROCESS; AND
  (L)  INCLUDE  PROVISIONS  FOR  THE APPOINTMENT AND COMPENSATION OF THE
HEAD AND ONE OR MORE OFFICERS OF AN AGENCY (INCLUDING AN AGENCY  RESULT-
ING  FROM A CONSOLIDATION OR OTHER TYPE OF REORGANIZATION) IF THE GOVER-
NOR FINDS AND DECLARES THAT BY REASON OF A REORGANIZATION  MADE  BY  THE
PLAN  THE  PROVISIONS ARE IN THE PUBLIC INTEREST. THE AGENCY HEAD MAY BE
AN INDIVIDUAL OR MAY BE A COMMISSION OR BOARD WITH MORE THAN ONE MEMBER.
IN ANY CASE, THE TERM OF OFFICE MAY NOT BE FIXED FOR A PERIOD IN  EXCESS
OF THE TERM REMAINING TO BE SERVED BY THE THEN GOVERNOR, THE PAY MAY NOT
BE AT A RATE IN EXCESS OF THAT FOUND BY THE GOVERNOR TO BE APPLICABLE TO
COMPARABLE  OFFICERS IN THE STATE GOVERNMENT, AND, IF THE APPOINTMENT IS
NOT TO A POSITION IN THE COMPETITIVE SERVICE, IT SHALL BE  MADE  BY  THE
COMMISSIONER  OR  OTHER  CHIEF EXECUTIVE OFFICER, BOARD OR COMMISSION OF
THE AGENCY AFFECTED.  IF THE REORGANIZATION PLAN CREATES  A  NEW  AGENCY
THAT  INCLUDES  THE  FUNCTION OF AN AGENCY WHOSE HEAD WAS CONFIRMED WITH
THE ADVICE AND CONSENT OF THE  SENATE,  OR  SUBSTANTIALLY  MODIFIES  THE
FUNCTIONS OF AN EXISTING AGENCY WHOSE HEAD WAS CONFIRMED WITH THE ADVICE
AND  CONSENT  OF THE SENATE, THEN THE HEAD OR HEADS OF SUCH NEW OR MODI-

S. 2812--C                         213                        A. 4012--C

FIED AGENCY SHALL BE APPOINTED  WITH  THE  ADVICE  AND  CONSENT  OF  THE
SENATE.
  2.  A REORGANIZATION PLAN MAY CHANGE THE NAME OF AN AGENCY AFFECTED BY
A REORGANIZATION AND THE TITLE OF ITS HEAD, AND SHALL DESIGNATE THE NAME
OF AN AGENCY RESULTING FROM A REORGANIZATION AND THE TITLE OF ITS HEAD.
  S 38. PROVISIONS NOT TO BE INCLUDED IN A REORGANIZATION PLAN.   1.  NO
REORGANIZATION  PLAN SHALL PROVIDE FOR, AND NO REORGANIZATION UNDER THIS
ARTICLE SHALL HAVE THE EFFECT OF:
  (A) ABOLISHING OR MODIFYING ANY AGENCY OR  ENTITY  CREATED  OR  ESTAB-
LISHED BY THE NEW YORK STATE CONSTITUTION, INCLUDING WITHOUT LIMITATION,
THE  BOARD  OF REGENTS, LEGISLATURE, JUDICIARY, COMPTROLLER AND ATTORNEY
GENERAL, OR ABOLISHING OR MODIFYING ANY AGENCY OR ENTITY ADMINISTERED BY
SUCH CONSTITUTIONALLY ESTABLISHED AGENCY OR ENTITY THAT IS  NOT  SUBJECT
TO  DIRECT  GUBERNATORIAL  CONTROL,  OR ABOLISHING OR TRANSFERRING TO OR
FROM THE JURISDICTION AND  CONTROL  OF  ANY  SUCH  AGENCY  ANY  FUNCTION
CONFERRED  BY THE NEW YORK STATE CONSTITUTION ON AN AGENCY AUTHORIZED BY
SUCH CONSTITUTION, OR AFFECTING OR CHANGING  ANY  IMPLEMENTING  STATUTES
RELATED TO SUCH AGENCIES OR ENTITIES;
  (B)  ABOLISHING  ANY  FUNCTION  REQUIRED  BY FEDERAL LAW OR INTERSTATE
COMPACTS;
  (C) VIOLATING ANY COVENANT WITH BONDHOLDERS; OR
  (D) ABOLISHING STATUTORILY PRESCRIBED FUNCTIONS,  PROVIDED  THAT  SUCH
FUNCTIONS  MAY  BE  ASSIGNED TO A DIFFERENT AGENCY THAN THE ONE TO WHICH
THEY WERE ORIGINALLY ASSIGNED BY THE STATUTE.
  2. NO REORGANIZATION PLAN SHALL HAVE THE EFFECT OF LIMITING IN ANY WAY
THE VALIDITY OF ANY STATUTE ENACTED, OR ANY REGULATION OR  OTHER  ACTION
MADE,  PRESCRIBED,  ISSUED, GRANTED OR PERFORMED IN RESPECT TO OR BY ANY
AGENCY BEFORE THE EFFECTIVE DATE OF THE PLAN EXCEPT TO THE  EXTENT  THAT
THE PLAN SPECIFICALLY SO PROVIDES NOR SHALL SUCH PLAN HAVE THE EFFECT OF
LIMITING OR ALTERING THE ADVICE AND CONSENT POWERS OF THE SENATE.
  S 39. EFFECTIVE DATE OF REORGANIZATION PLAN.  1. A REORGANIZATION PLAN
SHALL BE VOTED ON BY EACH HOUSE OF THE LEGISLATURE, WITHOUT AMENDMENT AS
SUBMITTED  BY  THE  GOVERNOR,  WITHIN THIRTY DAYS AFTER SUCH SUBMISSION.
THE GOVERNOR MAY SUBMIT ONLY ONE SUCH PLAN ANNUALLY AND MAY  AMEND  THAT
PLAN ONE TIME WITHIN SUCH THIRTY DAY PERIOD. BOTH HOUSES OF THE LEGISLA-
TURE  SHALL  THEN HAVE THIRTY DAYS FROM THE SUBMISSION OF SUCH AMENDMENT
TO VOTE ON THE AMENDED REORGANIZATION PLAN. WITHOUT THE CONSENT OF  BOTH
HOUSES  OF  THE  LEGISLATURE,  NEITHER  A  PLAN  NOR AN AMENDMENT MAY BE
SUBMITTED BY THE GOVERNOR AFTER THE THIRTIETH DAY OF MAY IN ANY YEAR.
  2. UNDER PROVISIONS CONTAINED IN A REORGANIZATION PLAN, A PROVISION OF
THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE  DATE  ON  WHICH  THE
PLAN OTHERWISE IS EFFECTIVE.
  S  39-A.  EFFECT  ON  ACTIONS OR PROCEEDINGS.   THIS ARTICLE SHALL NOT
AFFECT ACTIONS OR PROCEEDINGS, CIVIL OR CRIMINAL, BROUGHT BY OR  AGAINST
ANY  AGENCY  OR  OFFICER, THE FUNCTIONS, POWERS AND DUTIES OF WHICH HAVE
BEEN TRANSFERRED OR ABOLISHED PURSUANT TO THIS ARTICLE;  NOR  SHALL  ANY
REORGANIZATION  AFFECT  ANY  ORDER  OR  RECOMMENDATION MADE BY, OR OTHER
MATTERS OR PROCEEDINGS BEFORE, ANY AGENCY  OR  OFFICER,  THE  FUNCTIONS,
POWERS  AND  DUTIES OF WHICH HAVE BEEN TRANSFERRED OR ABOLISHED PURSUANT
TO A REORGANIZATION PLAN UNDER THIS ARTICLE.
  S 39-B. SEVERABILITY.  IF ANY CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVI-
SION,  SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF
COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT  SHALL  NOT  AFFECT,
IMPAIR,  OR  INVALIDATE  THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN
ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVISION,  SECTION
OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-

S. 2812--C                         214                        A. 4012--C

MENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF
THE  LEGISLATURE  THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH
INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
  S  2.  The  legislative law is amended by adding a new section 54-b to
read as follows:
  S 54-B. REORGANIZATION PLAN.  THE LEGISLATURE MAY BY CONCURRENT RESOL-
UTION PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF  A  REOR-
GANIZATION PLAN, AS DEFINED IN ARTICLE THREE-A OF THE EXECUTIVE LAW.
  S  3.  This  act  shall  take  effect  immediately and shall be deemed
repealed May 31, 2014.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.